640+ Lawyers are online 
What are the essential documents to purchase of A- Katha site
12-Jul-2023 (In Property Law)
Please advice the procedure followed to puchase A-Katha site 30x40 with 10Ft road in New Thippasandra, Bangalore, 560075. What to look inside Sale Deed, EC, NOC, payment mode ?
1. Sale Deed/Title deed /Mother deed/Conveyance Deed
Description of Property Document: A sale deed acts as the main legal property document for evidencing sale and transfer of ownership of property in favor of the buyer, from the seller. Further, it also acts as the main property document for further sale by the buyer as it establishes his proof of ownership on the property.
Normally sale deed is executed after execution of sale agreement. Sale deed confirm that terms and conditions detailed in the sale agreement as agreed upon between the buyer and the seller are complied. It is mandatory to register the Sale Deed in Sub Registrar office in whose jurisdiction property is located. It is mandatory to register sale deed within 4 months from the date of execution else you need to pay penalty or it stands invalid.
Why it is required: To establish the ownership of seller on title of property
Mandatory: Yes. All previous Sale Deeds are required in original
Required in Original: Yes
Required For: Property Purchase + Home Loan
2. RTC Extracts
Description of Property Document: R.T.C is issued by the Village Accountant. It contains details of the extent of land in a survey number or a sub-survey number, the extent of kharab land therein, the names of the present and previous owners, their respective holdings and names of the tenants. It also include details like the kind of soil/crop, any mortgages, charges made on the properties contained therein, the status of land (whether Inam land or not), the conversion order number, date in case any property converted therein from agricultural to non-agricultural use, the references to mutation and inheritance certificates where there is any change in ownership etc.
Why it is required: To establish the Title of Land, if the property is located on converted land e.g. converted from agricultural to non-agricultural use
Mandatory: No
Required in Original: No
Required For: Property Purchase
3. Katha Certificate and Extracts
Description of Property Document: Khata means an account and Khata is an account of a person who has property in the city. There are two types of Khata: Khata Certificate and Khata Extract. In different states it is known by different names. It is basically an entry in record of local municipal committee and indirectly confirms that apartment is constructed as per approved plan.
Khata certificate is required for two reasons: For registration of a new property and for transfer of any property. Khata can be obtained from the Assistant Revenue officer (of the respective area). This certificate is must have for any property owner.
Khata Certificate is obtained for any new registration after paying the tax. Khata certificate is issued stating that a particular property No ‘N” is in the name of person X. This certificate is required to apply for water connection, electricity connection, trade license and building license. The Khata certificate is given only to the owner of the property or to his family members. No one else can take it on his behalf.
Khata Extract is seeking details from the assessment register. The extract is required to get trade license, or to buy a particular property. It is an extract from the assessment register about any particular property. It has the details of the property in a particular format with the name, size of the property, use of the property (commercial purpose, residential), annual value, when assessed last. An extract is the only way to get these details of any property.
Why it is required: For transfer of property
Mandatory: Yes
Required in Original: Yes
Required For: Property Purchase + Home Loan
4. Mutation Register Extracts
Description of Property Document: Mutation Extract issued by the Village Accountant or Tahsildar contains the extract from the mutation register or inheritance certificate with details of previous owner, the present owner, the mode of acquisition of the property, the total extent of the property and the order stating that the Khatha of the property may be transferred to the name of the present owner.
Why it is required: To establish the Title of Land if the property is located on converted land e.g. converted from agricultural to non-agricultural use
Mandatory: No
Required in Original: No
Required For: Property Purchase
5. Joint Development Agreement
Description of Property Document: An individual landowner and a builder may enter into a JDA. The key feature of a JDA is that the landowner will contribute land and the builder will undertake development activity on it. Depending upon the land price, the joint development ratio is decided among the parties. In most of the cases, the builder will agree to allot X no of flats to the landowner and there is no exchange of money between landowner & builder. In consideration of this, the landowner will part with his share of land in favor of the builder or his nominee. He also allow the builder to construct apartment on his land and sell the agreed number of flats.
Why it is required: To establish whether original title of property rests with the Builder or with Landowner
Mandatory: Yes
Required in Original: No
Required For: Property Purchase
6. General Power of Attorney
Description of Property Document: A “power of attorney” is a legal instrument whereby one person gives another person the authority to act on his or her behalf as his legal representative and to make lawful binding legal and financial decisions on his behalf including Sale or Purchase of Property on Buyer or Seller’s behalf.
Why it is required: To establish whether the previous Sale or Purchase was carried out by authorized person on Seller or Buyers behalf
Mandatory: Yes (If any of previous Sale/Purchase were executed through GPA)
Required in Original: Yes
Required For: Property Purchase + Home Loan
7. Building plan sanctioned by the Statutory Authority
Description of Property Document: The building plan approval process relates to the issue of permission for the construction of buildings based on specific set of rules and regulations.
Why it is required: To establish whether the property is authorized or unauthorized
Mandatory: Yes
Required in Original: No
Required For: Property Purchase
8. NOC from Electricity Deptt/Pollution Control Board/Water Works/ Air Port Authority
Description of Property Document: Before starting the construction, builder requires NOC from all key Govt Departments. In some states NOC from at least 19 departments are required ranging from Pollution Control Board to Fire & Safety etc. For example If builder does not get NOC from Electricity Deptt then in all probability, buyer will not get electricity connection thus 100% dependency on generators. It will increase maintenance bill drastically.
Why it is required: To ensure Govt approvals are in place
Mandatory: Yes
Required in Original: No
Required For: Property Purchase
9. Supplementary agreement / Ratification Deed (if any)
Description of Property Document: Supplementary agreement captures any extension, change or modification in certain clauses of Principal Agreement. Many a times changes are required in principal agreement and only way to execute the same is through Supplementary agreement. Just check whether any supplementary agreement is executed against Principal agreement.
Why it is required: To avoid any future shock on modified clauses which you might not be aware of & is not included in property documents.
Mandatory: Yes
Required in Original: No
Required For: Property Purchase
10. Allotment Letter from the Builder/Co-Operative Society/Housing Board/BDA.
Description of Property Document: While availing Bank Loan to buy a property, Builder/Housing Society issues an Allotment Letter to the buyer which contain details like description of the said property being sold/bought by the two parties. It also mentions the amount of money which buyer has paid to the builder/housing society so that remaining amount can be financed by the bank.
On the basis of this Allotment Letter, banks finance the balance amount.
As such the Allotment Letter also gives all the pertinent details of the Property being bought/sold and also detailed specifications of the Project.
Agreement of Sale is documented on a Stamp Paper whereas Allotment Letter is issued on Letter Head of concerned authority.
Allotment letter is only issued to 1st owner by builder and subsequent owners can demand copy of original allotment letter from previous owner
Why it is required: For Description of Property & Project specification by Builder or Housing Society
Mandatory: Yes
Required in Original: Yes
Required For: Property Purchase + Home Loan
11. Sale Agreement between Builder and 1st Owner
Description of Property Document: It is very imp property document. The Sale Agreement must contain the liability of the Promoter/Builder to construct the building according to the plans and specifications approved by the local authority. It should also contain tentative possession date, price to be paid by the purchaser and the intervals at which the installments towards the full payment are to be made specifying the stage of construction. It also contain details like the precise nature of the body to be constituted of the persons who would take the flats i.e. association, details regarding the common areas and facilities. It specify the percentage of undivided interest in the common areas and facilities pertaining to the apartment agreed to be sold & a statement of the use for which the apartment is intended.
Why it is required: As mentioned in Description
Mandatory: Yes
Required in Original: Yes
Required For: Property Purchase + Home Loan
12. Construction Agreement between Builder & 1st Owner
Description of Property Document: The construction agreement is another imp property document. It is essentially a works contract. In other words, it’s an agreement in writing for the execution of the work relating to the construction of the apartment and it also involves the transfer or sale of the goods involved in the execution of the contract. The nature of this contract is such that a person undertakes to execute work by incorporating various items, things and goods in such work. When completed, these items along with the executed work are owned by the person for whom the work has been executed.
Why it is required: As mentioned in Description
Mandatory: Yes
Required in Original: Yes
Required For: Property Purchase + Home Loan
13. Copy of possession letter from the builder
Description of Property Document: It ensures that possession of the said building is being delivered to the purchaser on the effective date specified in the letter.
Why it is required: As mentioned in Description
Mandatory: Yes (In case of 1st Purchase i.e. from Builder)
Required in Original: Yes
Required For: Property Purchase + Home Loan
14. Payment receipts paid towards the builder
Description of Property Document: Don’t forget to collect original Payment receipts from builder. In case of resale, you can collect payment receipts issued by builder to 1st owner.
Why it is required: As mentioned in Description
Mandatory: Yes
Required in Original: Yes
Required For: Property Purchase + Home Loan (In case of 1st Purchase i.e. from Builder)
15. If any loan on the property (Current or past) / Original Property Documents with Bank
Description of Property Document:
a. List of original property documents with sellers Home Loan provider.
b. Closure letter with penalty (if any).
c. If the loan is closed then copy of closure letter / NOC issued by the concerned bank.
Why it is required: To ascertain that property is not mortgaged
Mandatory: Yes
Required in Original: Yes
Required For: Property Purchase + Home Loan
16. Sale agreement with the Seller
Description of Property Document: Sale agreement is executed between the parties for dealing with the property. Sale Agreement creates a right to obtain a sale deed mentioning the property. Normally it fixes a time for completion, payment of earnest money or part payment of purchase consideration. Generally it’s a property document that precedes a sale deed and in such cases does not require registration. Sale Agreement will not confer any charge or right on the property. However in some states the sale agreement is registered and will act as a sale deed. For Home Loan purpose, it is mandatory to pay stamp duty equal to 0.10% of Sale Agreement value.
Description of Property Document: A sale deed acts as the main legal property document for evidencing sale and transfer of ownership of property in favor of the buyer, from the seller. Further, it also acts as the main property document for further sale by the buyer as it establishes his proof of ownership on the property.
Normally sale deed is executed after execution of sale agreement. Sale deed confirm that terms and conditions detailed in the sale agreement as agreed upon between the buyer and the seller are complied. It is mandatory to register the Sale Deed in Sub Registrar office in whose jurisdiction property is located. It is mandatory to register sale deed within 4 months from the date of execution else you need to pay penalty or it stands invalid.
Why it is required: To establish the ownership of seller on title of property
Mandatory: Yes. All previous Sale Deeds are required in original
Required in Original: Yes
Required For: Property Purchase + Home Loan
2. RTC Extracts
Description of Property Document: R.T.C is issued by the Village Accountant. It contains details of the extent of land in a survey number or a sub-survey number, the extent of kharab land therein, the names of the present and previous owners, their respective holdings and names of the tenants. It also include details like the kind of soil/crop, any mortgages, charges made on the properties contained therein, the status of land (whether Inam land or not), the conversion order number, date in case any property converted therein from agricultural to non-agricultural use, the references to mutation and inheritance certificates where there is any change in ownership etc.
Why it is required: To establish the Title of Land, if the property is located on converted land e.g. converted from agricultural to non-agricultural use
Mandatory: No
Required in Original: No
Required For: Property Purchase
3. Katha Certificate and Extracts
Description of Property Document: Khata means an account and Khata is an account of a person who has property in the city. There are two types of Khata: Khata Certificate and Khata Extract. In different states it is known by different names. It is basically an entry in record of local municipal committee and indirectly confirms that apartment is constructed as per approved plan.
Khata certificate is required for two reasons: For registration of a new property and for transfer of any property. Khata can be obtained from the Assistant Revenue officer (of the respective area). This certificate is must have for any property owner.
Khata Certificate is obtained for any new registration after paying the tax. Khata certificate is issued stating that a particular property No ‘N” is in the name of person X. This certificate is required to apply for water connection, electricity connection, trade license and building license. The Khata certificate is given only to the owner of the property or to his family members. No one else can take it on his behalf.
Khata Extract is seeking details from the assessment register. The extract is required to get trade license, or to buy a particular property. It is an extract from the assessment register about any particular property. It has the details of the property in a particular format with the name, size of the property, use of the property (commercial purpose, residential), annual value, when assessed last. An extract is the only way to get these details of any property.
Why it is required: For transfer of property
Mandatory: Yes
Required in Original: Yes
Required For: Property Purchase + Home Loan
4. Mutation Register Extracts
Description of Property Document: Mutation Extract issued by the Village Accountant or Tahsildar contains the extract from the mutation register or inheritance certificate with details of previous owner, the present owner, the mode of acquisition of the property, the total extent of the property and the order stating that the Khatha of the property may be transferred to the name of the present owner.
Why it is required: To establish the Title of Land if the property is located on converted land e.g. converted from agricultural to non-agricultural use
Mandatory: No
Required in Original: No
Required For: Property Purchase
5. Joint Development Agreement
Description of Property Document: An individual landowner and a builder may enter into a JDA. The key feature of a JDA is that the landowner will contribute land and the builder will undertake development activity on it. Depending upon the land price, the joint development ratio is decided among the parties. In most of the cases, the builder will agree to allot X no of flats to the landowner and there is no exchange of money between landowner & builder. In consideration of this, the landowner will part with his share of land in favor of the builder or his nominee. He also allow the builder to construct apartment on his land and sell the agreed number of flats.
Why it is required: To establish whether original title of property rests with the Builder or with Landowner
Mandatory: Yes
Required in Original: No
Required For: Property Purchase
6. General Power of Attorney
Description of Property Document: A “power of attorney” is a legal instrument whereby one person gives another person the authority to act on his or her behalf as his legal representative and to make lawful binding legal and financial decisions on his behalf including Sale or Purchase of Property on Buyer or Seller’s behalf.
Why it is required: To establish whether the previous Sale or Purchase was carried out by authorized person on Seller or Buyers behalf
Mandatory: Yes (If any of previous Sale/Purchase were executed through GPA)
Required in Original: Yes
Required For: Property Purchase + Home Loan
7. Building plan sanctioned by the Statutory Authority
Description of Property Document: The building plan approval process relates to the issue of permission for the construction of buildings based on specific set of rules and regulations.
Why it is required: To establish whether the property is authorized or unauthorized
Mandatory: Yes
Required in Original: No
Required For: Property Purchase
8. NOC from Electricity Deptt/Pollution Control Board/Water Works/ Air Port Authority
Description of Property Document: Before starting the construction, builder requires NOC from all key Govt Departments. In some states NOC from at least 19 departments are required ranging from Pollution Control Board to Fire & Safety etc. For example If builder does not get NOC from Electricity Deptt then in all probability, buyer will not get electricity connection thus 100% dependency on generators. It will increase maintenance bill drastically.
Why it is required: To ensure Govt approvals are in place
Mandatory: Yes
Required in Original: No
Required For: Property Purchase
9. Supplementary agreement / Ratification Deed (if any)
Description of Property Document: Supplementary agreement captures any extension, change or modification in certain clauses of Principal Agreement. Many a times changes are required in principal agreement and only way to execute the same is through Supplementary agreement. Just check whether any supplementary agreement is executed against Principal agreement.
Why it is required: To avoid any future shock on modified clauses which you might not be aware of & is not included in property documents.
Mandatory: Yes
Required in Original: No
Required For: Property Purchase
10. Allotment Letter from the Builder/Co-Operative Society/Housing Board/BDA.
Description of Property Document: While availing Bank Loan to buy a property, Builder/Housing Society issues an Allotment Letter to the buyer which contain details like description of the said property being sold/bought by the two parties. It also mentions the amount of money which buyer has paid to the builder/housing society so that remaining amount can be financed by the bank.
On the basis of this Allotment Letter, banks finance the balance amount.
As such the Allotment Letter also gives all the pertinent details of the Property being bought/sold and also detailed specifications of the Project.
Agreement of Sale is documented on a Stamp Paper whereas Allotment Letter is issued on Letter Head of concerned authority.
Allotment letter is only issued to 1st owner by builder and subsequent owners can demand copy of original allotment letter from previous owner
Why it is required: For Description of Property & Project specification by Builder or Housing Society
Mandatory: Yes
Required in Original: Yes
Required For: Property Purchase + Home Loan
11. Sale Agreement between Builder and 1st Owner
Description of Property Document: It is very imp property document. The Sale Agreement must contain the liability of the Promoter/Builder to construct the building according to the plans and specifications approved by the local authority. It should also contain tentative possession date, price to be paid by the purchaser and the intervals at which the installments towards the full payment are to be made specifying the stage of construction. It also contain details like the precise nature of the body to be constituted of the persons who would take the flats i.e. association, details regarding the common areas and facilities. It specify the percentage of undivided interest in the common areas and facilities pertaining to the apartment agreed to be sold & a statement of the use for which the apartment is intended.
Why it is required: As mentioned in Description
Mandatory: Yes
Required in Original: Yes
Required For: Property Purchase + Home Loan
12. Construction Agreement between Builder & 1st Owner
Description of Property Document: The construction agreement is another imp property document. It is essentially a works contract. In other words, it’s an agreement in writing for the execution of the work relating to the construction of the apartment and it also involves the transfer or sale of the goods involved in the execution of the contract. The nature of this contract is such that a person undertakes to execute work by incorporating various items, things and goods in such work. When completed, these items along with the executed work are owned by the person for whom the work has been executed.
Why it is required: As mentioned in Description
Mandatory: Yes
Required in Original: Yes
Required For: Property Purchase + Home Loan
13. Copy of possession letter from the builder
Description of Property Document: It ensures that possession of the said building is being delivered to the purchaser on the effective date specified in the letter.
Why it is required: As mentioned in Description
Mandatory: Yes (In case of 1st Purchase i.e. from Builder)
Required in Original: Yes
Required For: Property Purchase + Home Loan
14. Payment receipts paid towards the builder
Description of Property Document: Don’t forget to collect original Payment receipts from builder. In case of resale, you can collect payment receipts issued by builder to 1st owner.
Why it is required: As mentioned in Description
Mandatory: Yes
Required in Original: Yes
Required For: Property Purchase + Home Loan (In case of 1st Purchase i.e. from Builder)
15. If any loan on the property (Current or past) / Original Property Documents with Bank
Description of Property Document:
a. List of original property documents with sellers Home Loan provider.
b. Closure letter with penalty (if any).
c. If the loan is closed then copy of closure letter / NOC issued by the concerned bank.
Why it is required: To ascertain that property is not mortgaged
Mandatory: Yes
Required in Original: Yes
Required For: Property Purchase + Home Loan
16. Sale agreement with the Seller
Description of Property Document: Sale agreement is executed between the parties for dealing with the property. Sale Agreement creates a right to obtain a sale deed mentioning the property. Normally it fixes a time for completion, payment of earnest money or part payment of purchase consideration. Generally it’s a property document that precedes a sale deed and in such cases does not require registration. Sale Agreement will not confer any charge or right on the property. However in some states the sale agreement is registered and will act as a sale deed. For Home Loan purpose, it is mandatory to pay stamp duty equal to 0.10% of Sale Agreement value.
Helpful?
37+
37+
Adv. Meera
Bangalore | 25+ Answers
CONTACT NOW
How do you transfer property ownership between family members in India?
Sale Deed is preferred in India for the transfer of property.
Gift Deed: A gift can be money, shares, jewelry or a house.
Relinquishment or Release Deed.
Partition Deeds or Settlement Deeds
Will or an inheritance.
What are the 2 methods of transfer of property?
There are several ways to transfer ownership: 1) by relinquishment, 2) by sale, 3) by gift; and 4) by mortgage, 5) by lease or 6) by leave and license agreements.
How do I transfer land ownership from father to son?
Will/ testament.
Certificate of Death of the Father.
Succession Certificate
The affidavit must be accompanied by a certificate of no-obligation from the other inheritors/successors.
Lineage list certificate.
Relinquishment deed (if required)
Gift deed (if required)
You need to get the property documents scrutinized by a lawyer. or you can refer the title deed of the property which mentions the origin of the property. And if the site is A Khatha there should be a valid Khatha certificate and extract with PID number (Property Identification Number).
Helpful?
32+
32+
Adv. Varun Papireddy
Bangalore | 100+ Answers
CONTACT NOW
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.
Connect with top Property lawyers for your specific legal issue
No Comments! Be the first one to comment.
"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."
