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Procedure for property verification to resale a property


27-Feb-2023 (In Documentation Law)

what all documents are necessary to be verified in property due diligence procedure. I want to resale a property and want to know the whole process and documents need to be studied.   

Answers (1)

Answer #1
224 votes

As per your query, the following are the documents a buyer would be looking to obtain in order to perform due diligence before buying the property. First thing, he will ask for ‘Sale Deed’ as it’s the core legal documents that are proof of property sale and transfer of ownership between the seller and the buyer. Making sure that the Sale Deed is registered and when going for execution ensure that all the conditions between the seller and the buyer are complied with. Second, he will check ‘Mother Deed’ or parent document as it’s the document that traces and is proof of the origin or antecedent ownership of the property from the beginning. Mother Deed consists of the change of ownership of the property via sale, gift, partition or inheritance, etc. and the buyer knows the earlier owners. If the original Mother Deed is missing, the buyer should obtain the certified copies from the registering authorities. Third, when you are selling a resale property, he will be looking forward to obtaining ‘Encumbrance Certificate’ or EC which denotes the charges in the ownership or liabilities created on a property that is held against a home loan as security. it can be obtained by EC submitting a copy of the Sale Deed and filling the Form 22 and affixing a non-judicial stamp to the jurisdictional sub-registrar’s office. Fourth, he will be looking to obtain ‘Occupancy Certificate’ if it’s a constructed property which is given only after the authorities carry out an inspection on the property and works as a proof of fact that the project constructed by the builder has met all the given norms. Fifth, he will ask for ‘Possession Certificate’ which is mandatorily issued by the Builder or Developer to the first owner and confirms proper construction and allows the owners to take possession. Though it is issued only to the original buyer, it passes through the subsequent buyers from the original buyer.

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

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