12 Important Documents To Check Before

Buying A New Property

February 10, 2014 Buying A Property, Guide 62 Replies
Rahul Khanna, a simpleton from Bangalore has hit rock bottom since the time he has invested
in his most ambitious dream home a towering apartment in Jayanagar, Bangalore. One must
be wondering as to what went gravely wrong despite his ambitious dream being fulfilled? His
major folly was his hasty decision of investing in a property without vetting all the legal
property documents fearing that he would lose the deal. But alas! This minute slip by him has
today put him in a legal battle with the seller. Property documents are a vital part of any
property investment, be it an empty plot or a fully furnished apartment. Here is a list of
important property documents required to buy an apartment or an independent house.

1. Sale Deed:
A Sale Deed is the core legal document that acts as proof of sale and transfer of ownership of
the property from the seller to the buyer. A Sale Deed has to be mandatorily registered. It is
important that before the Sale Deed is executed one should execute the sale agreement and
should check for compliance of various terms and conditions as agreed upon between the
buyer and the seller. Before executing the Sale Deed, the buyer should check whether the
property has a clear title. He/she should also confirm if the property is subject to any
encumbrance charges.
* A seller should settle all the statutory payments such as property tax, cess, water charges,
society charges, electricity charges, maintenance charges etc., (subject to the agreement)
before executing the Sale Deed.

2. Mother Deed:
Mother Deed, also known as the parent document, is an important legal document that traces
the origin/antecedent ownership of the property from the start (if the property has had various
owners). It is a document that helps in the further sale of the property, thereby establishing
the new ownership. In case of absence of the original Mother Deed, certified copies should be
obtained from the registering authorities. Mother Deed includes the change in ownership of
the property, be it through sale, partition, gift or inheritance. It is very important that the
Mother Deed records the references to previous ownership in a sequence and should be
continuous and unbroken. In case of a missing sequence, one should refer to the records from
the registering offices, revenue records or the recitals (preamble) in other documents. The
sequence should be updated until the current owner.

3. Building approval plan:

A building plan is sanctioned by the BDA (Bangalore Development Authority) or BBMP
(Bruhat Bengaluru Mahanagara Palike) or BMRDA (Bangalore Metropolitan Region
Development Authority) or BIAPPA (Bangalore International Airport Area Planning
Authority) without which the construction of the building is illegal under the Karnataka
Municipal Corporations (KMC) Act. A building owner has to get an approved plan from the

jurisdictional Commissioner or an officer authorized by such Commissioner. However, the

authorities sanction a building approval plan based on the zonal classification, road width,
floor area ratio (FAR) and plot depth. A set of documents are required to be submitted by the
owner in order to obtain a building approval plan. The documents include- Title Deed,
property assessment extract, property PID number, city survey sketch (from the Department
of Survey and Settlement and Land Records), up-to-date tax paid receipt, earlier sanctioned
plans (if any), property drawings, 2 copies of demand drafts, foundation certificate (if any)
and a land use certificate issued by the competent authority (viz., Dy. Commissioner). It is
mandatory that the building owner hires a registered architect who will draw a plan meeting
the applicable bye laws. One can get a building approval plan within 4-5 working days if all
the requirements are met, via the newly invented BBMP software- Automated Building
Approval Plan.

4. Commencement Certificate (For under construction property):

A Commencement Certificate is a legal document issued by the local authorities
(BDA/BBMP & alike) after the inspection of the site. This document states that project meets
the give criteria and helps in the commencement of a construction on a site by the builder.
Failing to acquire a Commencement Certificate will result in the construction being
considered illegal, levy penalties and can even attract an eviction notice.

5. Conversion Certificate (Agricultural to Non-Agricultural land):

With a vast amount of land being agricultural in nature in Karnataka, a Conversion
Certificate is mandatory to be obtained from the legal body for the property. A Conversion
Certificate is issued to change the use of the land from agricultural to non-agricultural
purpose from the competent revenue authority. Further, the competent revenue authority
requests the Department of Town and Country Planning to issue an NOC for the conversion
of land for residential purpose. There are a certain set of documents to be submitted by the
owner to acquire a Conversion Certificate. The documents required to obtain a Conversion
Certificate are;
3 copies of the R.T.C extracts, Village map, land sketch, certified copy of the land tribunal,
zonal certificate, Title deed, no dues certificate by village accountant and Mutation Records
(MR) copy.

6. Khata Certificate and Khata Extract:

Khata is derived from the word account. It is an account of a person owning a property. It
typically consists of (a) Khata Certificate and (b) Khata Extract. A Khata Certificate is
mandatorily required for the registration of a new property and the transfer of a property.
Khata Extract is nothing but obtaining the property details from the assessment registrar. It is
needed while property buying and acquiring trade license. The Khata is widely referred to as
A Khata and B Khata (Revenue records extract). A Khata has properties listed under BBMP
jurisdiction with legal property construction and B Khata has properties under local
jurisdiction with violated property constructions. One should avoid buying a B Khata
property as it will be deemed as an illegal construction. Nevertheless B Khata may be
converted to A Khata under certain schemes by paying penalty to the Government.

7. Encumbrance Certificate (EC):

Encumbrance means charges in the ownership or liabilities created on a property that is held
against a home loan as security. An EC consists of all the registered transactions done on the
property during the period for which the EC is sought. Simply put, it is a certificate sought
for a particular period evidencing the property purchase/sale, the presence of any transaction
or mortgage. One should submit a copy of the Sale Deed to obtain an EC. A person applying
for an EC should fill in the Form 22, affix a non-judicial stamp and submit it to the
jurisdictional sub-registrars office. Complete residential address, property survey number,
property location, the sought period, property description, its measurements and boundaries
should be mentioned in the Form. A nominal fee amount will be charged on a yearly basis.
The time taken to obtain an EC will be between 3-7 working days or more depending on the
period sought.

8. Betterment charges receipt:

Betterment charges are also known as improvement fees/development charges that are to be
paid to the BBMP before a Khata can be issued. Currently the developers are entitled to pay a
fixed amount as betterment charges to the municipal body. A receipt of the same should be
obtained at the time of property buying.

9. Power of Attorney (POA):

A POA is a legal procedure used to give authority to another person by the property owner on
his/her behalf. One can either give a Special Power of Attorney (SPA) or a General Power of
Attorney (GPA) to transfer ones rights over ones property.

10. Latest tax paid receipt:

Receipts for property tax bills ensure that taxes for the property are paid up-to-date to the
government/municipality. For properties falling under the BBMP jurisdiction, it is mandatory
for property taxes to be paid up to date so a buyer could get a Khata issued in his name. It is
therefore important for the buyer to make enquiries with the government/municipal
authorities to ensure that all the dues are cleared by the seller. The buyer should ask the seller
for the latest original tax paid receipts and bills and check the details of the owners name, the
tax payers name, and the date of payment on the receipt. If the owner does not have the tax
receipt, the buyer can contact the municipal body along with the survey number of the
property to confirm the ownership of the land. Nevertheless, the buyer should also ensure that
other bills such as the water bill, electricity bill etc. are paid up-to-date.

11. Completion Certificate (for a constructed property):

A Completion Certificate is issued by the municipal authorities denoting that the building is
in compliance with their rules in terms of height, distance from the road, and is constructed as
per the approved plans etc. This document is important at the time of purchasing a property
and seeking a home loan.

12. Occupancy Certificate (for a constructed property):

When the builder applies for this Certificate, an inspection is carried out by the authorities to
ensure that the construction meets all the specified norms. This certificate is obtained after

the completion of the construction. It is important at the time of buying a property, seeking a
home loan, before the builder allows people to take possession of the property and, for the
transfer of Khata. Basically, it certifies that the project is ready for occupancy.
While it is important to seek all the above documents from the seller at the time of buying a
property, it is also critical you deploy a competent property lawyer for vetting of the said
documents. Specific advice should be sought about your specific circumstances.

62 thoughts on 12 Important Documents To Check Before Buying A New Property

Alok Kumar November 16, 2014 at 11:49 pm

1.

Hi ,
I am planning to buy a flat in khggdaspura, Apartment is having G+4 approval, but
builder has made 5th floor also. How it will impact to other flat owners , who has flat
in G+4 only?
Please suggest me for a lawyer to whom i can verify all the documents that builder
has given.
Thanks,
Alok
Reply

1.

admin Post authorNovember 18, 2014 at 11:36 am

Hi Alok
You can approach us as well. However, prima facie it is naive to think that the
5th floor that has deviated would not affect the other 4 floors for which
approval has been accorded. The apartment would not get a Occupancy
certificate and hence it will forever remain under a B-khata unless there is
regularization. Even for regularization under Akrama Sakrama, this may
account for more than 50% deviation. In which case, if a demolition is ordered
in future for the 5th floor, do you think the remaining floors would not be
affected at all.
There is a risk and it is best that you consult a good lawyer with all the papers.
And yes, HomeShikari provides legal services that are both reliable and
professional.
Reply

Anshuman Rudra November 16, 2014 at 11:00 am

2.

Hello HS team,
This is a very information article. kudos to you for putting them together for public
awareness.
There are a few questions in my mind before buying a property 1. A broker proposed a re-sale independent property A khata (850 sq ft) How do I
know if owner is quoting an over-price?
2. broker says the Registration of the property could be done below the market value
of the property Is this wise to do?
3. I asked for copy of the property document to get it verified by a lawyer Owner
asks for a token amount to submit before he could provide me a copy. Is this how a
transaction happens?
4. being a non-resident (belongs to north india)of karnataka, i am very skeptical on
buying an independent property in bangalore. Please suggest precautions should I
taken before transaction.
Thanks,
Anshuman
Reply

1.

admin Post authorNovember 18, 2014 at 11:29 am

Hi Anshuman
Here are my answers to your queries:
1) The only way to know if the price is right is by doing research and finding
local information. Rates applicable could change within the same street
depending on amenities, khata and various other factors. Get an independent
opinion from someone else for the price. You could do online research or take
the services of a professional service provider like HomeShikari.
2) The registration can be done only at the prescribed guideline value (usually
lower than market value) or MORE. However there is no rule that you have to
register only at guideline value. If you are paying the entire amount through
cheque / DD, you will have to register at the market value that you are paying.
Else it becomes a subsisting transaction that is not shown on your books and is
paid in cash. If you are taking a loan then you have to show the market value
that you are paying and hence will have to pay registration for the full cost.
Will obviously increase your cost, but it enables a completely clean
transaction.
3) Normally, a token is requested for you to receive copies of the document.
This is a gesture of seriousness so that the copies are not handed to random
people with no serious intent. However, if the token is significant then it is
advisable to get into an agreement to sell where you can protect yourself
through clauses that if the title is not clean, then you are required to get a

refund of the money paid. On the other hand, the seller may also insist on
some protective clauses and penalty if you withdraw without sufficient reason.
This is a matter to be negotiated.
4) Yes, most documents will be in kannada and it is not advisable being
Kannada illiterate to handle the transaction on your own with just advice from
a broker (whose job it is to push the property to you). Take the help of a
qualified lawyer and do not think about spending a little money to ensure that
you safeguard yourself in the long run. Independent land and houses are
usually more complicated because you are a lone buyer against a group that is
buying into an apartment. That doesnt mean apartments are safer to buy
because even there the title could be bad. So our advice would be to do proper
legal vetting before you buy.
Reply

chetan November 13, 2014 at 10:56 am

3.

Dear Sir,
Is there a possibility to check if a flat which i am willing to purchase has been sold or
a sale agreement has been made to some other person or persons which is quiet
common in Bangalore if so please help me.
Reply

1.

admin Post authorNovember 18, 2014 at 11:28 am

Hi Chetan
A legal vetting will be able to find if the property was sold through the
Encumbrance certificate (EC). An EC should record any registration or lien
created on the property with the Sub-Registrar office. However, if an
agreement to sell has been entered into and it is not registered then it wont
show up in any search. Normally sale agreements are valid for not more than 6
months and that too only if they are registered. Please get the opinion of a
qualified lawyer before you proceed.
Reply

4.

Abir November 4, 2014 at 1:53 pm

Hi , I am buying a flat from Purvankara in North Bangalore.

So far I have paid only the booking amount and I have received an agreement copy
and a Sale and Construction.
Let me know for these kind of reputed builders, what is the documentation process.
When can I expect to get the rest of the documents which you have mentioned in this?

Are there agreements standard? Do I need to go through a legal advice for such
reputed builders as Purvankara as well.
Regards
Abir
Reply

1.

admin Post authorNovember 4, 2014 at 6:11 pm

Hi Abir,
The document vetting process is not related to the reputation of the builder.
The title documents vary from property to property and it is advisable to do a
proper legal vetting through a qualified lawyer. During the process of vetting,
the lawyer checks the title papers (specific to this property and your unit) and
verifies everything to see that the tree of transactions matches without any
anomaly or encumbrance that is still pending. It is also their job to ensure they
check all necessary approvals that have been obtained not only with respect to
the complete apartment but also with your specific unit (floors etc.)
That apart, when you take the builders sale agreement and the sale deed on an
as is where is basis and do not consult a lawyer, you do not get the
opportunity to review any clauses which are detrimental to your interests but
are being passed as standard clauses. Examples of these could be; penalty
clause applicable for delayed payment to builder versus the penalty applicable
on builder for late delivery or cost escalations. One would always notice that
these are skewed in favor of the builder and when you have a good lawyer on
your side, you can make your points strongly to ensure that your interests are
protected. When you have clauses that protect your interests, even if a builder
reneges on the promise you have the option to approach a consumer court and
force the builder to comply with the contract. Though it may be time
consuming, it will still protect your interests. But if the contract itself is
completely one sided, then you simply dont have any chance or negotiating
power, if the promise is not kept.
We have handled such things on many cases where things are blatantly in
favor of the builder and we have informed clients and asked them to not
accept, but renegotiate the terms of the contract. Unless you seek expert help
you will never know if the contract is balanced or not.
Regards
Homeshikari Team
Reply

5.

Ameen November 4, 2014 at 10:52 am

HI,
Im buying an apartment in Hormavu. this property has just started and with a prelaunch offer I have booked the flat.
1> Builder will be getting a sanction plan & khata after 50 days.
2> Is the BDA (NOC) required for the property or any other NOC is required. As I
got to know if we dont get BDA (NOC) the property can be acquired or demolished
any time by BDA. Is this true and what are the circumstances and what is the alternate
Paper/Document required.
3> Builder has tight up with few major banks for the loan, as the bank verifies every
paper of the property and sanction loan. is that mean the property titles will be
Approved as per the legal terms.
Please suggest as I have booked the flat by giving lakh amount. Please e-mail me to
the mentioned email id.
Thank you in advance for your valuable feed back.
Reply

1.

admin Post authorNovember 6, 2014 at 4:49 pm

HI Ameen,
Please find the reply below for all your query
1.For a pre-launch property, it could mean that the builder has applied for the
approvals and has still not got it. Which is why he is selling at an attractive
price, pre-approval. The biggest risk in this is that sometimes approvals can
get delayed or even held back due to title of the property being not clean. So
with all pre-launch properties you run that risk. If you have to go with a prelaunch offer, then ensure you are doing so with a builder of repute who you
would normally expect to get the approvals done in due time. Also check if
there are clauses for refund, if approvals are not obtained within a time limit.
2.The builder has to get NOC from pollution board on the project, for the
approval for sewer or water supply. It is also important to get NOC from the
neighboring properties to prove that builder is not encroaching any
neighborhood property. Builder has to get NOC from municipality or
respective authority for digging bore well. Digging bore well without NOC or
approval will be levied penalty and material used for digging bore wells would
be seized. In case of construction of building with lift facility, builder has to
get NOC from lift authorities.
3.The bank will fund your loan to buy property after some preliminary
verification of documents based on your income and ability to pay back the
loan. In the event, the title has a problem tomorrow you are still liable to repay
the loan and the bank shall not take any responsibility on that front, ensure a
proper legal vetting is done by an expert lawyer. During the process of legal

vetting, the lawyer checks the papers and then looks for references of all
documents mentioned and verifies everything to see that the tree of
transactions matches without any anomaly and that the details in every paper
matches perfectly. A good lawyer only if he is thoroughly convinced, will give
you a green signal with a proper legal opinion to support it. End of the day, a
property is a lifetime investment that one shouldn?t take chances with.
Three things to generally avoid:
1) Assume a bank loan approval as the basis for a clean title
2) Go and seek an opinion from a lawyer referred by the broker who is trying
to sell the property to you
3) Think it is adequate to take the builder / plot developer?s lawyer opinion
Especially on pre-launch we would strongly recommend that you do not go
only by the bank?s approval of loan. We have seen many people land into
trouble later on, due to improper verification or sometimes even fake
documentation. Seek the services of a good lawyer. If you need assistance
from HomeShikari, call us on
services@homeshikari.com.

080-67684444 or send a mail to

Reply

DIBYENDU SHEKHAR October 29, 2014 at 1:37 pm

6.

I AM LAND OWNER AND GIVEN TO BUILDER . AND BEFORE TAKING

HANDOVER WHAT ARE THE DOCUMENT MUST CHECK ?
Reply

1.

admin Post authorOctober 29, 2014 at 4:54 pm

Hi Dibyendu
Your question is very vague and perhaps you are referring to Joint
development or something on those lines. we are not sure. It is important that
you share more details for us to be able to assist you.
Reply

Sheeba October 11, 2014 at 5:48 pm

7.

Hi.

I would like to know that what are the consequences and solution to this problem.
The builders (bangalore ) have got approval to build 1284 sqft per floor and have built
4000 sqft in 2006.
This looks like a major deviation that I got to know now.
How can this be rectified and if I buy/sell such a property should the builder pay for
the fine or should the buyer? pls Advice its very urgent.
Reply

admin Post authorOctober 21, 2014 at 4:10 pm

1.

Hi Sheeba
Yes, it is a major deviation. Even if a scheme like Akrama Sakrama comes
into force it proposes only to condone deviations up to 50% with payment of
penalty. Anything above may attract severe penalty including demolition.
Again this is not going to happen to tomorrow or day after but eventually
when GIS and verification of properties get streamlined over the years, this
may cause serious problems.
Were you sold the property by the builder before it was fully constructed?
What was your sale deed with the builder? These are things to be looked into
by a qualified lawyer so that they can advice you suitably. If you were taken
for a ride by the builder and if your contract suitably protects you, then you
can approach the consumer courts for relief. If on the other hand, the contracts
are one sided and you never vetted it then there is nothing much that can be
done now. If you try to sell the property, any potential buyer will ask about the
deviation unless they are equally ignorant of the amount of deviation and its
consequences.
To hold the builder responsible, the determinant factor is the sale deed clauses.
You will have to seek the opinion of a good lawyer.
Reply

8.

Vishal September 29, 2014 at 9:08 pm

Hello Sir,
I am purchasing a land in Garag in Dharwad District and its a NA and Layout plot.
But I have zero knowledge of registration and other stuffs. Can you please help me
and let me know the steps to Own the land by my name. The agent said I need to
provide a ID proof and said Govt fees and other fees will come across 18k, but he is
not clearing what all are the fees. Please help me, thanks in Advance..,
Reply

admin Post authorOctober 7, 2014 at 6:06 pm

1.

Hi Vishal
Before you proceed to register the property in your name, it is important to
check the legal title of the land and its approved use before you make the full
payment. To register the property, you just need to pay the stamp duty and
provide a valid ID proof, but that is no guarantee that the land is of clean title.
Please look up our article and see the checklist provided. Again this is only an
indicative list and it is important that you consult a qualified lawyer before
you make a purchase.
Reply

Mamatha September 29, 2014 at 4:48 pm

9.

Sir
I lost my house orginial papers due to fire, but i cant have any duplicate and i want to
construct the house on that plot by taking housing loan. If it is possible to get the
original papers pls give me the suggestion.
Reply

admin Post authorOctober 7, 2014 at 6:07 pm

1.

Hi Mamatha
If the original papers were lost in a fire, then it is not possible to get it again.
What you should in this case is to register an FIR with the police for lost in
fire with due proof being submitted. Then apply for a certified copy of the
same papers from the sub-registrar office and publish a public notice in a
newspaper. Once you do this, the bank should be able to accept your request
for housing loan. Again norms vary from bank to bank. So it is best to consult
with the bank you are applying to and ask them for the procedure citing what
you disclosed. You may also consult a qualified lawyer who can help you.
Reply

10.

Selvakumar Devan September 27, 2014 at 8:22 am

Hello Sir,

I have not bought any land or house before

I am planning to buy a B.D.A house in Domlur please Help me to necessary Check
list before buying .
Regards
Selvakumar Devan.
Reply

admin Post authorOctober 6, 2014 at 3:32 pm

1.

Hi Selvakumar,
The standard list is provided in the mentioned article. But that is only an
indicative list and what documents may be required to ensure clean title could
vary from property to property and place to place. So please do always check
with a qualified lawyer and seek an opinion before you proceed.
Reply

Divya September 25, 2014 at 12:40 pm

11.

Hi,
We are buying a plot which is having B katha with no DC conversion. can we take the
plot .If we proceeding what all the documents to refereed so that it not having illegal
issues . Please help us to proceed further . Buying a plot in blore is a big thing so.
Regards,
Divya
Reply

1.

admin Post authorSeptember 27, 2014 at 10:54 am

Hi Divya,
A plot with no DC conversion means that the original piece of land was meant
to be used for agricultural purposes only. By DC conversion, the land usage is
converted to either residential or commercial / industrial use. If the DC
conversion is not effected then you will have problems in constructing the
house at a later stage. It is best to buy a plot that has been duly converted to
residential usage. Again in all these circumstances, advise can only be
preliminary because this requires in-depth review of the legal documents to be
able to give a clear opinion. We suggest you take the help of a good lawyer to

review the documents before you decide to purchase. Legal services from
HomeShikari are available in case you would like to use us
Reply

Subramanya. September 18, 2014 at 5:21 pm

12.

Hi Sir,
Thank you so much for explaining in detail.
Bank had asked for EC and GPA of the site. And we directly asked the owner to
provide the documents, he gave and it was submitted to the bank.
We will wait to get the Legal clearance and loan approval from the bank. Also we will
get legal opinion from another lawyer.
Confusion here is, The site does not belong to the owner,(though it was given to
another brother by his father) he has got GPA from his brother and registered to his
son, the same site we are buying, will there be any issue from GPA?. In GPA he has
mentioned that his brother has the rights to sell the site.
Thanks in advance,
Subramanya
Reply

1.

admin Post authorSeptember 22, 2014 at 7:44 am

Hi Sunil,
The GPA and the entire antecedents of the case need to be reviewed legally to
be able to evaluate and give a clear opinion. There are certainly a lot of GPA
cases which come up with a problem due to validity or inheritance issues. It is
best that you bring this issue to the lawyer and get a learned opinion before
you decide.
Reply

13.

vikram September 15, 2014 at 6:58 am

hi sir, i am buying a plot in vijayawada (VVR pvt ltd.)for which i have given a token
amount and sought a time period of 20 days for the registry. sir, my question is i have
seen the registry and the encumberance certificate but the area is quite far from city
and no construction is done by anyone.So what do i need to check to clear my doubt

regarding construction on that land and the smooth selling of the same land in future.
thanks.
Reply

admin Post authorSeptember 19, 2014 at 11:54 am

1.

Hi Vikram,
We recommend that you take a legal opinion from a good lawyer in
Vijayawada so that they can check all the documents. As long as the property
has clean title and poses no encumbrance, it is a good to buy. But there are
other considerations you should think about from your personal point of view
on whether you can construct in a place where no one currently lives and
whether if you dont construct, you will be able to safeguard the property from
encroachments (if you cant visit it often).
Reply

SUNIL M REDDY September 14, 2014 at 11:02 am

14.

Hi Sir, I am planning to buy a property near Naduvanthi for investment from

Abhyudaya Developers, project name called Golden Enclave (Behind Sayukya
Hospital white filed). The property is DC converted (3 acers) and the land owner is
going to register directly to the purchaser. I am little concern here as if any future
problem will the developer take responsibility and help in resolving the problem.
Please advice whether its good to invert on DC converted properties.
Reply

1.

admin Post authorSeptember 19, 2014 at 11:53 am

Hi Sunil,
Generally, if the project is under construction then there is a sale agreement
for the land and there is a construction agreement for the building when an
advance or part payments are made. Finally at the time of registration, you
enter into a registered sale deed which denotes the transfer of rights in full.
However, we are not sure why the registration is with the land owner. And if
you dont have any contract with the developer, then what is their
responsibility and accountability. With the limited information provided, we
are unable to judge the exact nature of this transaction.
DC conversion means that the land was converted from agricultural use only
to non-agricultural use (industrial or residential). There is no harm provided

the DC conversion was duly approved. However, not all lands can be denotified and converted. So you need to be careful to consult with a good
lawyer who can check all the paperwork thoroughly as well as advise you on
the first part.
We have seen that people go by the builders lawyer opinion or a broker
reference instead of spending on getting a proper legal opinion. The
repercussions for that is one can buy in haste and repent at leisure. So please
do proper due diligence before buying. If the builder is not able to provide all
documents required to fulfill the legal requirements, then you shouldnt go
with such a project.
Our comments are based on your query and we do not provide advise on
specific builders or projects on a forum like this. If you would like to use our
legal services, please contact us.
Reply

Subramanya September 11, 2014 at 2:27 pm

15.

Hi Sir,
We are buying a site in RR nagar, The site owner says, the land is A-Khata. We had
applied for loan in Bank. But the bank people is asking for EC from site owner and
concern we have here is, the legal opinion from the bank is enough or we should go
for legal check from the lawyers. Also there was no marking of the site number and
boundary. One person visited for site valuation and he told there is no site number and
proper boundary. The next day broker had come and he has placed stone and has
written the site number, also there is no drainage connection, only electricity pole is
placed.
What are the documents we can ask them, i can think of asking
1. Layout plan
2. Complete residential address,
3.property survey number,
4.property location,
5. the sought period,
6.property description, its measurements and boundaries
Apart from the above what else we need to check.
Site owner has given few documents for the bank, Legal is pending from the bank,
Please guide us.
Thanks,
Reply

admin Post authorSeptember 16, 2014 at 7:42 pm

1.

Hi Subramanya,
The bank will fund your loan to buy the plot after some preliminary
verification of documents based on your income and ability to pay back the
loan. In the event, the title has a problem tomorrow you are still liable to repay
the loan and the bank shall not take any responsibility on that front. If that is
the case, isnt it prudent to not go by what the broker says and ensure a proper
legal vetting is done by an expert lawyer. During the process of legal vetting,
the lawyer checks the papers and then looks for references of all documents
mentioned and verifies everything to see that the tree of transactions matches
without any anomaly and that the details in every paper matches perfectly. A
good lawyer only if he is thoroughly convinced, will give you a green signal
with a proper legal opinion to support it. End of the day, a property is a
lifetime investment that one shouldnt take chances with.
Three things to generally avoid:
1) Assume a bank loan approval as the basis for a clean title
2) Go and seek an opinion from a lawyer referred by the broker who is trying
to sell the property to you
3) Think it is adequate to take the builder / plot developers lawyer opinion
Especially on plots, we would strongly recommend that you do not go only by
the banks approval of loan. We have seen many people land into trouble later
on, due to improper verification or sometimes even fake documentation. Seek
the services of a good lawyer. If you need assistance from HomeShikari, call
us on

080-67684444 or send a mail to services@homeshikari.com.

Reply

16.

Sandeep W August 28, 2014 at 11:03 am

Hi Team,
I am currently planning to buy 3BHK in Purva Elite @ Surjapur road. The property
is BBMP (A khata) approved & most of the banks have approved the project. When I
see the area there are lot of green treens and most of the buildings are G+3 floors.
How to identify if this land\area is green\forest area. How can legal advisor\lawyers
help us in identifying this scenario ?
Regards, Sandeep
Reply

admin Post authorSeptember 1, 2014 at 5:28 pm

1.

Hi Sandeep,
This seems to be a project from a new builder. There is nothing wrong with
going for a project with a new builder but do exercise utmost caution in
checking the title of the property and the credentials of the team. With the
copies of legal documents that you receive from the builder, you can only
check on the legal title of the land on which the building is being constructed.
They wouldnt give you any inkling on whether the adjacent areas are green /
forest areas. The best is that situation is to ask the builder for details of
adjacent green spaces. If they claim it to be a designated green area which will
not see any high rise construction or apartment complexes, then we can check
with the BDA based on the survey numbers (details need to be obtained from
the builder) and get the right information.
Please ensure you check the legal titles thoroughly before you embark on an
investment. Never go by what a builders lawyer claims (no matter, how big
the builder is) and always do your verification check through a qualified
independent lawyer for an unbiased view. Our company does provide legal
verification services, which you could use.
Reply

Shyam August 27, 2014 at 1:15 am

17.

Hi,
Thanks for this wonderful article.
I am looking to buy a property in Thanisandra by DS Max.
Builder is telling that he will provide A Khata and OC Certificate by builder (Not by
BBMP or BDA)
I want to know how it will effect me in future?
Also builder is tellling that OC certificate is not very much important and they have
provided BBMP approved OC certificate in any of their past projects.
I want to know how it is possible since DS Max has completed so many projects or
are they correct in telling A kHatta will only work
Looking to hear from you soon.
Thanks in Advance
Reply

1.

admin Post authorAugust 27, 2014 at 4:05 pm

Hi Shyam,
The OC is be provided by BBMP/BDA to builder on application once the
project is completed. On submitting of the application by builder, BBMP/BDA
authorities will inspect the complex and confirm whether it has been
completed according to the approved plan or not. If there is no deviation from
approved plan then the certificate will be issued. If not, the builder himself
will not apply for the OC because he knows he wont get it. However, in case
the deviation is minor (up to five percent from the plan), then a fine will be
levied. Upon payment of the fine, the occupancy certificate will be issued. It is
a fact that most properties do not have an OC even after completion because
most builders deviate from the approved plan. The OC is a fit to dwell in
certificate from the regulating authority. An OC is never asked for in todays
context unless there is a fire or mishap or rampant violation of building
guidelines. Even banks provide loans without the OC. That said, it is no
guarantee that banks wont insist on it in the future or if there is serious
deviation, that you will not be penalized by the BBMP / BDA. In fact the
Akrama Sakrama proposal that is still pending in the courts, despite state govt.
approval is one such proposal to regularize such deviations on a one-time
basis. Even there, a more than 50% deviation could attract demolition.
The A-Khata has to be procured from BBMP/BDA by individual(Buyer). To
procure an A-Khata under BBMP limits, the OC is an important document.
Even in the other areas, they have started insisting on this. Regulation may get
tougher in the years to come and you wouldnt be want to caught on the wrong
foot with your lifetime investment. Please check with a qualified lawyer (not
the builders lawyer) on the title of the property. We too provide legal opinion
services.
In an open forum, we do not want to comment on any brand. But you need to
think about the long term aspects of any property you buy.
Reply

Chandran August 22, 2014 at 4:26 pm

18.

Hi Sir,
Can we apply and get the duplicate copy of OC certificate in BBMP / BDA. The
owner is having the Flat with A-Khata with up to date tax paid receipts. They are
claiming that the OC & CC were lost during the A-Khata process.
Reply

1.

admin Post authorAugust 25, 2014 at 2:01 pm

OC & CC is given to the Builder (in one original) by concerned approving

authority (BBMP/BDA). Once the Building Association is formed, Builder
should handover the original to Association. However, a photocopy is to be
given to the owners of the respective units of the apartment. If your Seller lost
OC/CC during Khata process, then you can check with
Builder/Association/neighbour for the same and get a photocopy for your
safety. Incase, Association/Builder don?t have the same also, then one need to
check whether OC/CC is actually issued or not for the apartment by
BBMP/BDA.
Reply

Santhosh Shasthri August 14, 2014 at 1:40 pm

19.

Hello,
I am planning to buy a plot in pride vatika gated community near Koppa gate , its a
resale from owner. What are all documents should i need to check before buying.
Can you please advise ?
Thanks,
Santhosh Shasthri
Reply

1.

admin Post authorAugust 18, 2014 at 5:25 pm

Hi Santhosh Shasthri,
There is a list of standard documents that we have provided in the article. That
apart, more supporting documents may be required to get clarity on clean title
depending on the situation. It is best to take the services of a qualified lawyer,
who will be able to give you a proper legal opinion before you proceed with
buying.
We will have one of our executives get in touch with you to understand more
about the property and how we can help you further.
Reply

20.

prashanth August 7, 2014 at 6:16 pm

I have made a sale agreement with land owners share of an aparment .

Is the NOC from the builder mandatory to get the loan disbursement?

Reply

admin Post authorAugust 11, 2014 at 5:40 pm

1.

Hi prashanth,
In normal circumstances, the land owners share of an apartment in a joint
development will be free hold and normally shouldnt require a NOC. But it
depends on the joint development agreement and also depends on the bank
that is funding you. Some banks may insist on this. It is best to check with the
bank you are going to for a loan.
Reply

Ajay August 3, 2014 at 1:39 am

21.

Hello Home Shikari Team

Im planning to buy a flat in a project which is BBMP approved. Project is launched
and construction started and I wanted to go ahead with Pre-EMI offer which i
discussed with builder and they are getting agreed. I want to pay EMI only after 5
months of completion of project & getting occupancy certificate. what all the points
which i should discussed with builders & bank. Please help me about this Pre-EMI
details and other necessary
Thanks in advance
Reply

1.

admin Post authorAugust 11, 2014 at 5:43 pm

Hi Ajay
Whether you should opt for Pre-EMI or full EMI is dependent on your paying
ability and the purpose for which you are buying a home. Banks offer the
option to pay EMI or pre-EMI for under construction properties. The
advantage with paying EMI from the start is that your repayment of principal
starts right from the beginning. Whereas with pre-EMI (which is interest
only), you will not settling your principal in even small amounts until your
EMI starts which is when you get possession of the property.
In delayed projects, pre-EMI can hurt you badly because it is only interest
flow and your loan outstanding remains the same even after a year or few
years. However, if your ability to pay full EMI (as against part construction
only) is constrained at the moment, then it is better to opt for pre-EMI. And it

is definitely beneficial if you are going to sell off the property as soon as
possession is handed over. (in the case of investment)
Both have their merits and demerits. It is up to you to choose after reviewing
your cash flows against the required EMI / Pre-EMI amounts.
Just in case, you need a little more clarity, this article should help clear your
doubts.
http://www.livemint.com/Money/ZhVbifdWWhy6vg2vYsMAPM/Dejargoned
PreEMI.html
Reply

Sunil July 27, 2014 at 1:39 am

22.

Hi, I am planning to purchase a flat in Gangothri Elegance (Venki Builders &

Developers
Proposed Residential Apartment, No.85/3, Gottigere, Uttarahalli Hobli, Bangalore.). I
am not sure why builder is charging so less rate (15% less than the mkt price). Also
how do I check authenticity of the property.
Reply

1.

admin Post authorJuly 28, 2014 at 6:45 pm

Hi Sunil,
What a builder charges for is not purely based on land plus building cost plus
margins. Different builders assign different value to their properties based on
their brand perception, years in market and several other parameters. It is
naive to think that a high priced project is good and a low priced one bad. The
best option is then to thoroughly check the legal aspects of the property, also
considering other aspects of location, surrounding locality etc. Please consult a
good lawyer (someone who will be around and wont disappear if you ever
need help). Also review the quality of material that goes into the project based
on the brochure. Based on that take a call. We do have in-house legal services.
You can avail of them, if you choose to.
Reply

2.

sathish November 16, 2014 at 2:14 pm

hi sunil,
i just want to check if you have checked regarding gangothri elegance
gottigere project.can you pls your comments on the builder and project

Reply

admin Post authorNovember 18, 2014 at 11:31 am

1.

Hi Sathish
We do not comment on individual builder / projects or their
worthiness. If you need expert advice and legal assistance for a
property you are buying or considering, we would be happy to help
you. There are reputed builders whose specific projects have run into
regulatory trouble as well as really small builders whose project titles
may be clean. So one cannot blanket comment or go by builders rating.
Yes, reputed builders will be conscious of their image and reputation
and hence will be a little extra careful.
Reply

Girish July 19, 2014 at 7:02 pm

23.

I planning to shop in ambernath property is still under construction I wish to know

what documents I must take from builder
Please note dealing with Local builder
Earlier response help me as I am closing deal tom
Reply

1.

admin Post authorJuly 24, 2014 at 3:22 pm

Hi Girish,
The list of standard documents that are normally required is available in the
article. However, it may vary from place to place and depending on the history
of transactions and things like family tree, more documents may be required
for ensuring that the title is clean. I suggest that you consult a good lawyer and
never hurry in closing a deal without doing legal due diligence.
Reply

24.

pooja July 16, 2014 at 8:15 pm

Hello sir,
We are planning to buy a property RNA continental mumbai chembur do you have
any idea about t builder or property pls help v r in need if

If u can speak to me I can give my no.

Thanks in advance
Reply

admin Post authorJuly 17, 2014 at 4:53 pm

1.

Hi Pooja,
Unfortunately, we dont have insights into RNA Continental directly. But we
want to draw your attention to this article in 2011.
http://www.dnaindia.com/mumbai/report-rna-corporate-usurps-chemburplayground-1568131. There are multiple requests on the Internet requesting
for information on whether an OC (Occupancy Certificate) will be provided
by the builder. I think you should get the papers verified by a qualified lawyer
to check the antecedents of the title.
1) Ask whether an Occupancy certificate can be provided. Check with people
who have bought and moved in, whether they have been given the OC.
2) If you decide to go with them, ensure you work with a third party lawyer to
do a title verification.
Thanks,
HomeShikari Team
Reply

krithika July 15, 2014 at 10:56 pm

25.

We have purchased a land recently and this plot has multiple survey #, when checked
with the land owner he claims that it is so because it is a layout of
1 acre which consists of small small plots. This land is of B Khata with DC
conversation.
Could you please advise if a plot can have multiple survey # in a 1 acre layout.
Reply

1.

admin Post authorJuly 17, 2014 at 4:54 pm

Hi Krithika,
YES, A plot can have multiple survey numbers. However, considering the
land is of a B Khata with DC Conversion, please get the documents verified
by a lawyer before you proceed, to ensure that all documents are in place and
the property is clear from any legal issues.

Reply

krithi July 21, 2014 at 9:44 pm

2.

Thank you very much for your advise. This has been very helpful info. Yes ,
we have got the papers checked by the lawyers and they claim that everything
is in order.
thanks again Sir.
Reply

1.

admin Post authorJuly 24, 2014 at 3:21 pm

Hi Krithi,
Our motto is to protect the interests of consumers. We are glad our
replies were helpful.
Reply

vasanth kumar July 15, 2014 at 10:25 pm

26.

Sir,
I have gone through your suggestion before buying flats check list could you let me
know more details what all the documents to be verified before buying the pre -launch
apartment in bangalore under the BBMP could you please let me know my contact no
8762637808
With Best Regards
Vasanth Kumar
Reply

1.

admin Post authorJuly 17, 2014 at 4:56 pm

Hi Vasanth,
The documents required varies based on the project. As per the list given in
our article, there can be additional documents based on the scheduled property
or other approvals as deemed necessary. We will have one of our executives
get in touch with you to understand more about the property and how we can
help you further.
Thanks,
HomeShikari Team

Reply

Govardhan July 14, 2014 at 11:00 am

27.

Hi Sir
I am planning to buy a flat in sarjapur by builder dreamz gk infra. The possession date
of the flat is in next december 2015. Before making down payment what are the
documents should i need to verify ?
thanks.
Reply

1.

admin Post authorJuly 17, 2014 at 4:59 pm

Hi Govardhan,
There is a list of standard documents that we have provided in the article. That
apart, more supporting documents may be required to get clarity on clean title
depending on the situation. It is best to take the services of a qualified lawyer,
who will be able to give you a proper legal opinion before you proceed with
buying.
For a pre-launch property, it could mean that the builder has applied for the
approvals and has still not got it. Which is why he is selling at an attractive
price, pre-approval. The biggest risk in this is that sometimes approvals can
get delayed or even held back due to title of the property being not clean. So
with all pre-launch properties you run that risk. If you have to go with a prelaunch offer, then ensure you are doing so with a builder of repute who you
would normally expect to get the approvals done in due time. Also check if
there are clauses for refund, if approvals are not obtained within a time limit.
We will have one of our executives get in touch with you to understand more
about the property and how we can help you further.
Thanks,
HomeShikari Team
Reply

2.

Ameen November 4, 2014 at 11:11 am

Hi Govardhan,
Even I have booked the flat. Is all the documents got cleared. Can you e-mail
me your no. Please bgameen@gmail.com
Reply

prasad May 24, 2014 at 3:26 pm

28.

I have purchased a plot, it was registered in my name, But Khata not transferred to my
name, BEScom bill in my name.
Reg. Khata not transferred to my name is there any problem in this regard.
Reply

1.

admin Post authorMay 26, 2014 at 4:20 pm

Hi Prasad,
It is always better to have all property documents in your name to show clear
titles, should you ever want to sell the property in the future.
While the Khata is not a title document that bestows ownership, it is an
important supporting document to show ownership through payment of taxes.
If the Khata is in the previous owners name then the paid taxes will also
appear in that persons name. It is important that you get the Khata transfered
to your name, if the land use conversion was proper and there is no problem.
However, if there is any violation or issue due to which the A-Khata is
withheld then this is the time to pay the betterment charges and get the Khata
transferred to your name.
We can ease your hassles and help you get the Khata transferred to your name.
Do call us on
080-67684444 or post an enquiry for the same on our
website(http://www.homeshikari.com/property-services/a-b-khataprocurement)