Documents to Check Before Buying a Flat or Plot in India

Quick answer: Before paying any token amount, check the seller's title (sale deed and the chain of earlier deeds), an encumbrance certificate for loans or claims, approved building plans, RERA registration for new projects, the occupancy or completion certificate for ready homes, property tax receipts, the khata or mutation record, and NOCs from the society or bank where relevant. For large purchases, have a property lawyer do a title search.

Property fraud in India often happens through missing or fake documents: land sold twice, flats built beyond approved plans, unpaid loans on the property, or a seller who does not actually own it. Most of these problems can be caught by checking the right documents before you pay. This checklist explains each document in simple terms.

Part 1: Ownership and title

1. Sale deed / title deed

The registered document that proves the current owner bought the property. Check that the seller's name matches their ID, the property description matches what you are buying, and the deed is registered with the sub-registrar.

2. Chain of title (mother deeds)

Earlier deeds showing how ownership passed from one owner to the next, ideally going back many years. Lawyers commonly review around 30 years of history. Gaps in the chain, such as a missing deed or an unclear inheritance, are a warning sign.

3. Encumbrance certificate (EC)

Issued by the sub-registrar's office, it shows registered transactions on the property during a period, such as sales, mortgages and gifts. It helps you find loans or claims against the property. Ask for an EC covering a long period and get a fresh one close to your purchase date.

4. Khata / mutation / revenue records

Local municipal or revenue records showing who the property is assessed to for tax and records. The name of the system differs across states, for example khata, mutation entry, or record of rights. The seller's name should appear in the latest record.

5. Property tax receipts

Recent receipts show the tax is paid and help confirm ownership details. Unpaid tax becomes your problem after purchase.

6. Identity of the seller

Check PAN and Aadhaar of all owners. If the property is jointly owned, every owner must sign. If someone signs through a power of attorney, verify that the POA is valid, registered where required, and not cancelled.

Part 2: Approvals and legality

7. Approved building plan and layout

The plan approved by the local development authority or municipal body. Compare it with the actual building: extra floors, changed layouts or encroachments on setbacks can lead to penalties or demolition orders.

8. Land use and conversion

For plots, check that the land is approved for residential use. Agricultural land usually needs a conversion order before residential construction, depending on state rules.

9. Commencement certificate

Permission to begin construction, issued after plan approval in many cities.

10. Occupancy certificate (OC) / completion certificate (CC)

Issued after construction, confirming the building was built as per approvals and is fit to occupy. Buying a ready flat without an OC can cause problems with utility connections, loans and resale. For under-construction flats, ask when the OC is expected.

11. RERA registration (new projects)

For new projects that must be registered under RERA, check the registration on the state RERA website, including approved plans, declared completion date and quarterly updates.

12. Environmental and other NOCs

Large projects may need clearances such as fire safety and environment NOCs. Your lawyer or the RERA page can help confirm these.

Part 3: Documents specific to flats

• Builder-buyer agreement / agreement for sale: read the payment plan, possession date, delay penalties, carpet area, specifications and cancellation terms.
• Allotment letter and payment receipts for under-construction purchases.
• Society documents for resale flats: share certificate, society NOC for transfer, and confirmation that maintenance dues are paid.
• Carpet area: RERA requires carpet area to be stated clearly; compare it with the actual flat.

Part 4: Loans and dues

• If the seller has a home loan on the property, the bank holds the original documents. Plan the purchase so the loan is closed and the bank issues a loan closure letter and NOC, and returns originals.
• Check electricity, water and gas bills are paid up to date.
• Check for maintenance dues with the society or association.

Part 5: Taxes and registration on purchase

• Stamp duty and registration charges: set by each state; the sale deed must be registered with the sub-registrar.
• TDS: under section 194-IA of the Income Tax Act, a buyer of immovable property (other than agricultural land) worth ₹50 lakh or more generally must deduct TDS of 1% from the payment to a resident seller and deposit it using the prescribed form. Confirm the current rules with a tax professional.
• GST: applies on under-construction properties bought from builders, not on ready properties with an OC or on resales between individuals.

Quick checklist

Document	New flat	Resale flat	Plot
Title / sale deed and chain	Land title of builder	Yes	Yes
Encumbrance certificate	Yes	Yes	Yes
Approved plan / layout	Yes	Yes	Layout approval
RERA registration	Yes (if applicable)	Check for project	If in a registered project
OC / CC	Expected date	Yes	Not applicable
Land use / conversion	Via approvals	Via approvals	Yes
Khata / mutation	After possession	Yes	Yes
Tax and utility receipts	After possession	Yes	Tax receipts
Society NOC / share certificate	No	Yes	No
Loan closure NOC	No	If loan exists	If loan exists

Practical tips

• Never pay a token before seeing copies of the key documents.
• Pay only by traceable methods to the seller's or builder's account, with receipts.
• Visit the property and the neighbourhood more than once, at different times of day.
• Talk to neighbours or the society office about any disputes.
• Check public notices: some buyers publish a notice in newspapers inviting objections before purchase.
• For loans, the bank's legal check helps, but it is not a substitute for your own lawyer.

Where an agent helps

A good property agent will help collect these documents and coordinate with your lawyer. On PeopleList you can find agents whose RERA registration, phone and office have been checked by our team.

Common property frauds and how documents expose them

Fraud	How it works	Document check that catches it
Double sale	Seller sells the same property to two buyers	Fresh encumbrance certificate; registering your deed quickly
Fake owner	Someone impersonates the owner with forged IDs	Verifying IDs, meeting the owner, checking tax and utility records in their name
Hidden mortgage	Property is pledged to a bank but sold without closing the loan	EC entries, bank NOC, originals with the bank
Unauthorised construction	Extra floors or units built beyond approval	Approved plan and OC compared with the actual building
Disputed inheritance	One family member sells without consent of others	Chain of title, legal heir documents, family members' consent
Agricultural land sold as residential plots	Plots sold without conversion or layout approval	Land use conversion order and approved layout
Forged power of attorney	Someone sells using a fake or cancelled POA	Registered POA copy, confirming with the principal owner

The purchase process step by step

1. Shortlist and inspect: visit the property, check construction quality, water supply, parking and surroundings.
2. Collect copies of documents from the seller or builder.
3. Legal check: give the documents to a property lawyer for a title search and opinion.
4. Negotiate and agree terms: price, payment schedule, possession date, what fixtures are included.
5. Token or booking amount: pay only after the legal check, by a traceable method, against a receipt that states the terms.
6. Agreement for sale: a written agreement listing price, schedule, timelines and what happens if either party backs out.
7. Loan sanction: the bank does its own legal and technical checks.
8. Stamp duty, TDS and payment: pay stamp duty, deduct and deposit TDS where applicable, and pay the seller as per the agreement.
9. Registration: both parties sign the sale deed at the sub-registrar's office with witnesses.
10. Post-registration: collect original documents, apply for mutation or khata transfer, and transfer electricity, water and society records into your name.

Under-construction vs ready-to-move: different risks

• Under-construction: lower price and flexible payment plans, but risks of delay, changes to plans and builder financial trouble. RERA registration and the builder's track record matter most.
• Ready-to-move: you can see exactly what you are buying and move in quickly, and GST generally does not apply when the OC has been issued. Title, OC and dues are the key checks.

Costs beyond the price

Budget for these when planning a purchase:

• Stamp duty and registration charges (vary by state, and some states offer concessions for women buyers).
• Legal fees for title search and documentation.
• Brokerage, if you used an agent.
• Home loan processing fees.
• Society transfer charges and maintenance deposits.
• Interiors, repairs and moving costs.

These can add a significant percentage to the property price, so include them in your affordability calculation.

Buying a plot: extra checks

• Boundaries and measurements: get a survey done to confirm the plot's boundaries match the documents.
• Access road: confirm there is legal access to a public road, not just a path through someone else's land.
• Layout approval: for plots in a colony or gated layout, check the layout is approved by the competent authority and the plot number exists on the approved layout.
• Zoning and master plan: check that the area is zoned for residential use and is not reserved for a road, park or public purpose.
• Water and electricity: check how connections will be provided.

Buying from an NRI or through a power of attorney

If the seller is a non-resident Indian, TDS rules are different and higher deductions may apply, so involve a tax professional. If the seller acts through a power of attorney, confirm the POA is properly executed and registered where required, specifically authorises the sale, and has not been revoked. Many lawyers recommend speaking to the actual owner by video call before completing the deal.

Keeping your documents safe after purchase

• Store original documents in a safe place, such as a bank locker.
• Keep scanned copies in secure cloud storage.
• Complete mutation or khata transfer promptly, so official records show you as owner.
• Pay property tax on time and keep receipts.
• If you take a home loan, the bank keeps originals until the loan is closed; collect them and the closure NOC when you repay.

Frequently asked questions

How do I get an encumbrance certificate?

From the sub-registrar office where the property is registered. Many states also offer online applications or online viewing of records.

Is a notarised agreement enough to buy property?

No. A sale of immovable property must be done through a sale deed registered with the sub-registrar. Unregistered documents give weak protection.

Should I hire a lawyer?

For any significant purchase, yes. A title search by a property lawyer costs little compared with the value of the property and the risk.

Property laws and document names vary by state. This checklist is general information, not legal advice. Consult a qualified property lawyer before buying.