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Everything You Need to Know About Property Documents Before Buying an Apartment in Chennai

Jan 08 2025

Everything You Need to Know About Property Documents Before Buying an Apartment in Chennai

When purchasing an apartment in Chennai, it’s crucial to verify and check various legal documents to ensure a smooth transaction and avoid potential issues in the future. Here's a detailed list of essential documents that you need to check and verify before buying an apartment in Chennai:

1. Title Deed

  • What it is: The Title Deed is the primary legal document that proves the ownership of the property.--
  • Why it’s important: It confirms the seller's right to sell the property. The buyer should ensure that the seller is the rightful owner and there are no disputes over ownership.
  • What to check: Verify that the seller has a clear title, and check the chain of ownership for at least the past 30 years. Ensure that it’s not under any legal dispute or encumbrance.

2. Sale Deed

  • What it is: A Sale Deed is a legal document executed between the buyer and seller, marking the transfer of ownership from the seller to the buyer.
  • Why it’s important: It’s the key document for the property transfer.
  • What to check: Ensure it contains accurate details of the property, including the agreed-upon price, the terms of the sale, and the buyer and seller's information. This deed must be registered with the Sub-Registrar Office.

3. Encumbrance Certificate (EC)

  • What it is: The Encumbrance Certificate provides a record of all transactions related to a property, including any mortgage or loans.
  • Why it’s important: It proves that the property is free of legal or financial encumbrances and that there are no outstanding loans against the property.
  • What to check: Ensure that there is no mortgage or loan against the property. You can obtain this certificate from the local sub-registrar office. It is mandatory for getting a bank loan.

4. Occupancy Certificate (OC)

  • What it is: The Occupancy Certificate is issued by the local municipal corporation or the development authority to confirm that the building complies with the approved plan and is ready for occupancy.
  • Why it’s important: Without an OC, the building is considered illegal and not fit for habitation.
  • What to check: Ensure that the OC is available and issued by the relevant municipal authority. It proves that the building has met all safety and construction standards.

5. Building Approval Plan

  • What it is: The approved building plan is the design of the apartment complex or the building sanctioned by the local municipal authorities.
  • Why it’s important: It verifies that the construction follows all the legal guidelines and zoning laws of the locality.
  • What to check: Ensure that the builder has obtained approval from the local municipal authority or Chennai Metropolitan Development Authority (CMDA) before starting the construction.

6. Land Title Report

  • What it is: A land title report is a detailed report that shows the ownership history of the land, including any disputes or claims over the property.
  • Why it’s important: It ensures that the land title is clear, and there are no legal issues or claims against the property.
  • What to check: Review the history of ownership for the land. If the land has been sold multiple times, investigate whether all previous owners had legal rights over it.

7. Property Tax Receipts

  • What it is: Property tax receipts are official records from the local municipality indicating that the property taxes have been paid by the seller.
  • Why it’s important: It ensures that there are no outstanding dues and the property is not at risk of being seized due to non-payment of taxes.
  • What to check: Obtain the latest property tax receipts to confirm that the taxes have been paid up to date.

8. No Objection Certificate (NOC) from the Society or Builder

  • What it is: If the property is located in a gated community or a building complex with a society, the builder or society must issue an NOC (No Objection Certificate).
  • Why it’s important: The NOC ensures that the seller has no dues to the society or the builder and that the buyer can legally move into the property.
  • What to check: Verify that there are no pending maintenance dues or other obligations that the buyer may inherit.

 

 

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9. Sanctioned Layout Plan

  • What it is: The sanctioned layout plan is an approved document that outlines how the property and its surrounding areas are planned.
  • Why it’s important: It ensures that the construction is being done according to the approved designs and within legal boundaries.
  • What to check: Verify that the layout plan has been approved by the appropriate authorities (e.g., CMDA in Chennai) and is available for review.

10. RERA Registration Number (For New Properties)

  • What it is: The Real Estate (Regulation and Development) Act, 2016 (RERA) mandates that builders and developers register their projects with RERA before advertising or selling.
  • Why it’s important: RERA registration ensures that the builder is compliant with real estate regulations and the buyer is protected under the Act.
  • What to check: For new apartments, confirm that the builder has registered the project with RERA and check the RERA registration number on the official RERA website.

11. Sale Agreement (For Under-construction Properties)

  • What it is: A Sale Agreement is a document that details the terms and conditions of the sale of an under-construction property.
  • Why it’s important: It sets the expectations and responsibilities of both the buyer and the builder during the construction phase.
  • What to check: Ensure that the agreement specifies the construction timeline, payment schedules, and possession date. Also, check for any clauses related to delayed possession.

12. Bank Loan Clearance Documents (If Applicable)

  • What it is: If the seller had a mortgage on the property, they must provide a clearance letter from the bank stating that the loan has been repaid.
  • Why it’s important: This document confirms that the property is free from any pending financial liabilities.
  • What to check: Ensure that the seller has cleared any outstanding loans on the property before transferring ownership.

13. FIR/Police Verification Certificate (For Foreign Nationals)

  • What it is: If the seller is a foreign national, they may require police verification to confirm that they are legally permitted to sell property in India.
  • Why it’s important: Foreign nationals face restrictions when owning property in India, so verification is necessary.
  • What to check: Ensure that the foreign seller has complied with Indian laws regarding property ownership.

14. Sale and Purchase Agreement (For Resale Properties)

  • What it is: This is an agreement between the buyer and the seller of a resale property that outlines the terms of the sale.
  • Why it’s important: It formalizes the transaction and serves as proof of the agreed-upon terms.
  • What to check: Ensure that all details regarding the price, payment schedule, and transfer of possession are clearly mentioned.

15. Builder’s PAN Card

  • What it is: The builder’s PAN card is an identification document for the builder or developer.
  • Why it’s important: It helps verify the authenticity and legitimacy of the builder.
  • What to check: Ensure that the builder is registered and has provided a valid PAN card before proceeding with any transaction.

16. Completion Certificate

  • What it is: The Completion Certificate is issued by the builder or developer confirming that the construction work has been completed as per the approved plans.
  • Why it’s important: It certifies that the building is ready for possession and complies with local building regulations.
  • What to check: Verify that the completion certificate is issued, confirming that the apartment is ready to be occupied.

17. Share Certificate (For Co-operative Societies)

  • What it is: A Share Certificate is a document issued by a cooperative housing society to confirm the buyer's membership in the society.
  • Why it’s important: It establishes ownership of a flat in the society and the buyer’s rights to the property.
  • What to check: Ensure the share certificate is transferred in the buyer’s name upon purchase.

18. Form 37-I (For Agricultural Land Conversion)

  • What it is: This form is required if the property you’re purchasing was originally agricultural land and has been converted into residential land.
  • Why it’s important: It ensures that the conversion of land use from agricultural to residential is legal.
  • What to check: Make sure that the property has been converted according to local zoning laws.

 

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