Following documents are required from the seller if you are buying a house from the builder*

1. Copy of approved plans by local government authority i.e. municipality

2. CC (commencement certificate) certificate

3. OC (occupation certificate)

4. report of solicitor, regarding title of the property

5. copy of the agreement for sale or construction rights in favour of builder from the original owner of the land.

6. Non agriculture land certificate issued by the government authority.

If it is a resale property than following additional documents are required *

7. Original Registered Agreement of sale with applicable stamp duty duly paid.

8. Original payment receipts issued by the builder or developer in favour of seller.

9. NOC of either of builder or registered society whichever is applicable.

10. NOC of financial institution if the seller has obtained loan on property

11. Up to date Property tax payment receipts

12. Signature attestation for both the buyer and the seller from Bank.

13. Copy of the Pan Card and residential proof

14. In case of NRI, copy of passport and residential proof of the residing country.

Buying Home/Land - Legal documents *

Title deeds

The first step is to see the title deed of the land which you are going to buy. Confirm whether the land is in the name of the seller and that the full right to sell the land lies with only him and no other person. Insist on seeing the Original Deed.

Tax receipt and bills

Property taxes which are due to the government or municipality are a first charge on the property and, therefore, enquiries must next be made in government and municipal offices to ascertain whether all taxes have been paid up to date. The owner should also possess the latest tax paid receipts, which you may inspect. Enquiries should also be made in various departments of the municipality to ascertain whether any notices or requisitions relating to the property have been issued and are outstanding and not yet complied with.

Encumbrance Certificate

Before buying any land or house, it is important to confirm that the land does not have any legal dues. It is available as a certificate called encumbrance from the sub registrar office where the deed has been registered, stating that the said land does not have any legal dues and complaints.

Pledged land

Some people may have taken loan from the bank by pledging their land. Ensure that the seller has paid back all the amounts due.

Measuring the land

It is advisable to measure the land before registering the land in your name. Ensure that the measurements of the plot and its borders are accurate. You can do this with the help of a recognized surveyor.

More than one owner

In some cases, the land will be owned by more than one people. So before registering, check if there is more than one owner, and if there is, get release certificate from the other people involved.

Buying land from NRI land owners

A person staying abroad can also sell his land in India by giving a Power of Attorney to a third person authorising him the right to sell the land on his behalf. But in such cases, the power of attorney should be witnessed and duly signed by an officer in the Indian embassy in his province. There is no legal support for Power of attorney signed by a notary public.

Agreement

Once all the matters, financial/otherwise are settled between the parties, it is better to give an advance and write an agreement. This ensures that the owner does not change his word regarding the cost as well as make a sale to someone else who offers more money. After signing the agreement if one of the parties makes a default, the other party can take legal action against him.

Registration

The land can be registered in a sub registrar office, after preparing the title deed including all the relevant information.

Make sure that the deed is registered within the time limit mentioned in the agreement. Original title deed, previous deeds, Property/House Tax receipts, Torence Plan (optional) etc plus two witnesses are needed for registering the property. For land costing more than five lakhs, the seller should submit either his Pan card or Form Number 16 during registration.

After registration, the registered document will be received after 2-3 weeks, from the registrar office.