Property Document Verification in Bangalore

हिंदी में पढ़ें
October 10, 2019
By Advocate Chikirsha Mohanty



What is Property Verification?

Property document verification is examining and checking of the documents related to a particular property before you plan on getting yourself associated with it.

If you are planning to buy property, or taking a property on lease, or wishing to take home loans or mortgaging property against a loan, it is extremely important that you ensure that this property is free of any legal issues / encumbrances and that you are not being cheated on by anyone in this regard.

In order to safeguard your interests, safety and peace of mind, it is absolutely necessary that all the papers and documents concerning the property in question are thoroughly examined. Improper documents could get you into legal trouble. Thus, one needs to be vigilant in property matters.

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Benefits of Property Verification

As stated above, checking the authenticity of property documents is of prime importance since your entire lifetime's savings could be at stake. There are several benefits, as given below:

  1. You get assurance that the property involved in transactions is free from illegalities and litigations.

  2. You are assured that the seller of the property actually has a right to sell the property.

  3. It saves you from being cheated on and you are able to avoid a transaction if forged and/or fake papers/documents are presented to you.

  4. It is much easier to take a loan against the property that is free from illegalities, encumbrances, etc. Thus, verification also makes the process of acquiring a loan much easier.

  5. You safeguard your interests and a whole lot of money involved.
     

Property Verification in Bangalore

The documents related to a property need to be scrutinized very well, before you enter into an agreement. This is to ensure that the seller or the person transferring the property is competent to do so i.e. he is eligible as per law to transfer the title in the property.

Documents such as Sale Deed, Agreement to Sell, Conveyance Deed, Will etc. are examined to check the title and the rights of the seller of the property. These documents should be properly registered and Stamped (Stamp Duty should have been paid to the appropriate Government body). It is also important to check if there are any pending taxes upon the property. For this, the Municipal Corporations of Bangalore can be approached. All you need to do is find a good lawyer in order to get the property documents verified in Bangalore.

Consult: Top Property Lawyers in Bangalore
 

Importance of a Lawyer in Property Verification

Buying a property can be an overwhelming experience. It can affect you emotionally and can be immensely financially draining. This could be a reason alone as to why everything in a property transaction should be carried out with utmost precaution and care. The documents should also be verified with precision and that is exactly why you need an expert property lawyer to do the deed.

Only a lawyer has the right legal knowledge and expertise needed in order to verify property documents - check the legalities (and illegalities if any), point out discrepancies, ensure that the transferor has the authority to transfer the title, ensure that you are not being duped/cheated by the seller/transferor, etc. Your lawyer should also have knowledge of local Bangalore laws related to property.

It is also crucial that the concerned agreement for the transaction between the buyer and seller includes every important aspect and is drafted by an expert lawyer, keeping your best interests in mind. Sometimes, especially in builder buyer agreements, the builder/developer hands over a pre-drafted/readymade agreement to the buyer which is generally partial towards the builder. This can be avoided if a good property lawyer vets such agreements and verifies all the documents involved.
 

How to choose the right Lawyer for Property Verification in Bangalore

In Bangalore, there are many lawyers that deal exclusively in property matters. You require an advocate that has the requisite knowledge and expertise in property matters including experience in verifying property documents and one who is aware of the local laws in Bangalore as well. An experienced lawyer is the best kind of lawyer.

LawRato.com has on board, top property lawyers in Bangalore. It will connect you to the advocate that is most appropriate for your matter.

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Documents required for Property Verification in Bangalore

Depending upon the kind of property transaction/dealing, there are several documents that one would be required to check and verify properly before proceeding. The documents that one may need in property matters are listed below:
 

1. Sale Deed


What is it?
It is one the most important legal property documents for showing evidence of sale and transfer of ownership/title of the property in the name of the buyer (from the seller). Even the previous sale deeds (executed in favour of the seller in the past) should be verified, along with any other sale deeds, prior to this one.

Why is it required?
It is required to prove ownership of the property by the seller. This document is required for home loans and property purchases and should be in original.

Consult: Top Property Lawyers in Bangalore
 

2. Power of Attorney/GPA


What is it?
It is a legal document by which an individual transfers to another person, the authority to take actions on his/her behalf in the capacity of a legal representative. The person in whose favour the GPA has been made, can take legal and financial decisions on their behalf including sale or purchase of property on behalf of the seller or the buyer. These decisions by the GPA holder are legally binding on the person authorising such GPA holder.

Why is it required?
It establishes if any previous sale or purchase has been carried out by any such GPA holder on behalf of the buyer or the seller. Or, if the current property transaction is being carried out by such GPA holder, the document is a mandatory one and it is necessary to verify its authenticity. It is especially required in property purchase/loan cases and should be produced in original.
 

3. Agreement to Sell/Sale Agreement


A. Sale Agreement between Builder and 1st/previous owner


What is it?
It is a document that shows liability on the Builder to build/construct upon that property according to plans as approved by the local authorities in this regard. It must contain information pertaining to the possession date, price to be paid by the buyer, intervals and the number of installments for the total payment, etc.

Why is it required?
It is mainly required to establish that the building has been constructed as per the sanctioned plans (by govt. bodies) by the builder.  It is a mandatory document and is required in situations of home loan and property purchase. It should be verified in original.


B. Sale Agreement with the Seller


What is it?
This is an extremely important document which lays down the terms and conditions between the seller and the buyer for the sale of property. It is different from a Sale Deed, although in some cases, the sale agreement is itself registered as sale deed. It mentions the date of delivery of possession and the price to be paid for such transaction.

Why is it required?
It is a necessary document in order to fix the terms and conditions between the parties. The agreement should be drafted very carefully and with the help of an expert lawyer. It is mandatory for both home loans and property purchases and should be in original.

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4. Encumbrance certificate


What is it?
Encumbrance means liabilities created on a property. An encumbrance certificate shows that there are no encumbrances on the property i.e. there is no monetary or legal liability. It shows that there is complete ownership of the property. It contains all the transactions registered relating to a particular property for a certain period (as required at the time of transaction). Government authorities and banks generally demand 10-15 years of encumbrance certificate(s). However, one can demand 30 years encumbrance certificate to be checked.

Why is it required?
As stated above, it is a document which proves free title and ownership. It shows that the property is free from legal or monetary liabilities and shows evidence for any property purchase/sale or presence of any mortgage or transfer. It is a mandatory document for property transactions.
 

5. Property Tax Receipts
 

What is it?
In India, property is considered as a source of income and thus tax is levied upon that. It is the liability of the property owner to pay such tax in India. The Tax is paid to appropriate municipalities/government bodies. Once tax is deposited successfully, the payer gets a tax receipt.

Why is it required?
A property tax receipt gives out the property details including its area, name of owners, type of property, etc. These documents act as proofs of such information and the same shall be verified to confirm these details. It is required in both property purchases and home loans and should be in original.

Consult: Top Property Lawyers in Bangalore
 

6. Khata Certificate
 

What is it?
Khata means account and in property terms, Khata is an account of the owner of property. Khata certificate and Khata extract are documents provided by Bruhat Bangalore Mahanigar Palike (BBMP) to the owner of the property in Bangalore. This is done to assess the property taxes indebted by the latter.

Why is it required?
A Khata certificate is mandatorily required for registering a new property and even for the transfer of immovable property. It is meant for the use of property owners or holders that are within the jurisdiction of BBMP. It also identifies ownership of property.
 

7. Completion Certificate
 

What is it?
A completion certificate is a certificate which a builder has to apply for, to the local authorities after the construction of the building has been completed. The local civil authorities will issue such a certificate once it is assured that the building construction is completed as per the building approval plan and if it also meets all the necessary building standards such as height of the building, distance from the road, harvesting system, etc.

Why is it required?
This document proves that the construction has been done in a legal manner and that the necessary laws and standards are complied with. Before you get associated with such a property, verifying this document can save you from future trouble if it is found out that the building was illegal in any aspect. The CC is mandatory for property purchase and home loans and is not required in original.

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8. Occupancy certificate


What is it?
Once the Completion Certificate has been received, the builder has to obtain an Occupation Certificate from the civic bodies(building proposal department/local municipal authorities). It is a document that certifies that the building has complied with the local laws and standards and is thus safe to occupy. The OC gives a no-objection for occupying the building for its specific use. The legal possession is valid only with the OC.

Why is it required?
This document proves that the building is ready for occupancy and that the construction is completed as per the laws and the sanctioned plans. It is a mandatory document and is required for property purchase and home loans. It is not necessary in the original.
 

9. Latest Electricity bill
 

What is it?
Latest electricity bill is one that is issued for the latest (monthly) billing cycle. This document has the address and name of the payer of electricity.

Why is it required?
Latest electricity bill and payment receipt of previous owner is a solid proof that establishes the ownership of the current owner. It is not a mandatory document but should be required in original for purchase of property.

Several other documents may be required at the time of property transactions, depending upon the kind of transaction. These include Will (if any), Partition Deed, Relinquishment Deed, Mutation/Freehold Details, Mortgage Documents, Conveyance Deed, Betterment Charges Receipt, etc.

Consult: Top Property Lawyers in Bangalore
 

Fees for Property Documents Verification in Bangalore

The fees that lawyers charge in Bangalore for Property Document Verification depends upon the lawyer, the kind of property (residential or commercial), the kind of transfer/transaction and the number and technicalities of the documents required to be checked or verified. However, the charge for such verification begins from around Rs. 3,000-5,000 (Rupees three to five thousand).

 

Time required for Property Verification in Bangalore

The time required, just as in all other legal proceedings, depends upon several factors distinct to each case and the number of documents, etc. It is important that all the necessary documents to be verified have been arranged. If all the documents are in order and pre-arranged, the verification of property documents in Bangalore should not take longer than 5-8 days/one week.



 

These guides are not legal advice, nor a substitute for a lawyer
These articles are provided freely as general guides. While we do our best to make sure these guides are helpful, we do not give any guarantee that they are accurate or appropriate to your situation, or take any responsibility for any loss their use might cause you. Do not rely on information provided here without seeking experienced legal advice first. If in doubt, please always consult a lawyer.


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