617+ Lawyers are online 
Property Document Verification in Bangalore
April 05, 2024 हिंदी में पढ़ेंLiving in Bangalore and worried about Property Document Verification? Resolve all issues with LawRato’s guides & articles and personalized guidance from the top-ranked Advocates in Banglore.
Table of Contents
- What is Property Verification?
- Property Verification in Bangalore
- Benefits of Property Verification
- Importance of a Lawyer in Property Verification
- How to choose the right Lawyer for Property Verification in Bangalore
- Documents required for Property Verification in Bangalore
- Fees for Property Documents Verification in Bangalore
- Time required for Property Verification in Bangalore
- Why you Need the Help of an Expert
- 1. Sale Deed
- 2. Power of Attorney/GPA
- 3. Agreement to Sell/Sale Agreement
- 4. Encumbrance certificate
- 5. Property Tax Receipts
- 6. Khata Certificate
- 7. Completion Certificate
- 8. Occupancy certificate
- 9. Latest Electricity bill
What is Property Verification?
You must always check the property documents thoroughly before buying or involving yourself with such property. Property document verification involves examining and checking the documents related to a particular property. Whether you're buying, leasing, taking out a home loan, or mortgaging the property, it is important to make sure that there are no legal issues or encumbrances.
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. Inscribe these documents, ensuring proper registration and stamping (with duly paid stamp duty to the pertinent government body). Verify for any outstanding taxes on the property by reaching out to the Municipal Corporations of Bangalore. You can secure your interest with the services of any top-ranking property lawyer in Bangalore at LawRato, for a comprehensive verification of property documents
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:
-
You get assurance that the property involved in transactions is free from illegalities and litigations.
-
You are assured that the seller of the property has a right to sell the property.
-
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.
-
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.
-
You safeguard your interests and a whole lot of money involved
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, and 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.
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? A sale Deed is one of 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 favor 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.
2. Power of Attorney/GPA
What is it? It is a legal document by which 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 favor the GPA has been made can take legal and financial decisions on their behalf including the 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 authorizing 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 loans and property purchases. It should be verified in the original.
B. Sale Agreement with the Seller
What is it? This is an extremely important document that lays down the terms and conditions between the seller and the buyer for the sale of the property. It is different from a Sale Deed, although in some cases, the sale agreement is itself registered as a 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.
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 that 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 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 the 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.
6. Khata Certificate
What is it? Khata means the account and in property terms, Khata is an account of the owner of the property. Khata certificate and Khata extract are documents provided by Bruhat Bangalore Mahanagar 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 that 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 the 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 purchases and home loans and is not required in the original.
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 purchases and home loans. It is not necessary in the original.
9. Latest Electricity bill
What is it? The 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? The latest electricity bill and payment receipt of the previous owner is solid proof that establishes the ownership of the current owner. It is not a mandatory document but should be required in original for the purchase of the 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.
It is important to mention that the above-mentioned requisites for Property Verification are subject to practice and complexity, if any. Therefore, before you start planning, talk to a lawyer and discuss your interests. This will give a clear idea and enable you to be well-prepared.
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.
Why you Need the Help of an Expert
A property lawyer has the legal knowledge regarding important documents. You can also use LawRato's Free Legal Advice service to get free advice on your case from expert property lawyers. He/she is your go-to person who can find out if the documents seem ingenuine. For a property valued at lakhs and crores, spending a few thousand on verification is a wise decision as it will ensure that you are investing such a huge amount in the right property. Therefore, the first step that you must take is to get property documents verified by an expert.
Greater Kailash - 1, Delhi
5 years
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.
The internet is not a lawyer and neither are you.
Talk
to a real lawyer about your legal issue.
Comments by Users
Sonam Ranjan
Nice article. To resolve property-related issues consult a property lawyer in bangalore who can guide you on the method intimately.
Popular Property Lawyers
Related Articles
- how to get building completetion & occupancy certificate
- Can a Gift Deed be challenged in India? - Property Gift Deed Rules
- Sons and Daughters Rights in Father's Property
- Illegal Possession of Immovable Property/Land
- Joint Ownership of Property
- Family Property Dispute Legal Solution
- Transfer of Property to Legal Heir after Death
- How to Resolve Land Dispute
- How to sell property in pagdi system
- Grandson's Right in Grandfather's Property
- Hakka Sod Patra in Maharashtra
- How to get succession certificate
- Property Document Verification in Bangalore
- Ancestral Property Partition and Family Rights
- How to send property partition legal notice?
Legal Questions Answered by Top Lawyers
Answer
I have seen your query carefully and found that you have bought this property after obtaining loan from any financial institutions like bank etc. so when the financial institution had approved your loan then they had taken all the precautions and disburse the loan amount after full satisfaction after obtaining non encumbrance certificate from the registry office. However you can also for your own satisfaction verify the documents from the office of concerned sub registrar office. if you want any further information or any other advice then contact me without any hesitation through administrator of this website
Read
More
Answer
Dear sir/madam,
The list would be elaborate and depends on the type of property you are planning to buy. I would suggest you to visit my office to get the list of documents required and for further title verification. Feel free to contact me for legal assistance in this matter.
Regards
Read
More
Answer
Verify the title deed and all other related documents having regard to the nature of property. ....Read More
Answer
There seem to be some suspicion. I suggest you to take a property opinion of an Advocate. We need various documents to provide legal opinion. Like EC, Sale deed, mother deed, JDA etc to ascertaining who is the real owner.
Read
More
Answer
Land Record This is the most important document that must be verified before getting into the further details. Land record gives you an idea of ownership, title, obligations, rights, mortgage etc. Do not buy a property or apartments whose title is not clear. There have been case where builder or individuals sold flats/apartments without having the ownership of the land. At the end it’s the buyer who suffer. So, it is better to check land records with builder. To cross-check, copy of land records can be obtained from online portals of most of the state governments/ authorities. You can also use RTI to get such information. While a lot of people may think that this is too much of a hassle, it is always helpful to get the first step correct. Land use type It is illegal to have residential properties in a commercial or industrial zone. Write to the development authority and check the land use certificate to ensure that the property you plan to purchase is in the residential zone. Sometimes the land will be in what is called a ‘converted zone’. It has been observed in past that builders without obtaining necessary land use certificate go on launching residential projects. Many of the projects have been stuck or delayed because of such malpractices. Construction Clearances A ‘certificate of commencement‘ is mandatory to commence any construction of a property. The certificate is issued by the town planning department or development authority in some cities. Construction certificate shall only be given by respective authorities only after inspection of some of the important documents like title, layout plans etc. This also means that the builder would have obtained the required licenses, sanctions and permissions for the map that are required before you can even start excavating. Building / Layout Plan Approvals We have always advised not to purchase soft launch projects. Builders have a habit of launching projects without necessary approvals such as layout plans. They may show you draft layout /building plans and assure you that approved layout plans shall come shortly. These draft layout plans goes under scrutiny and change many times. You may not want to end up booking an apartment in a tower whose location/height/orientation/density etc changes before final launch. You should never invest in a project whose layout plans are not approved. We advise that you simply walk away if these approvals are not in place. While the potential of a project may appear to be quite attractive to you, often such layout changes may prove your purchase decision to be a bad one. Master Plan of the Area Builders in collusion with authorities and newspapers keep propagating false future development news. They would later advertise these announcements and articles in their sales brochures. You should never believe such news and announcements and always look at the area’s master plan to verify. These plans are easily available with the town planning department or authority. No Objection Certificates and other Clearances NOC’s are required from various departments to construct residential complexes. Depending upon size and height of the buildings these NOC retirements may differ. However, these are some of the important documents that must be in place. Clearance from the Fire Department NOC from the State pollution control broad Environment clearance and NOC from Wildlife boards NOC from the Airport Authority etc. Never undermine these clearances. Recently, In Noida region of NCR, home buyers had to wait for 2 years for their ready to move apartments because builders had failed to obtain clearances from National Wildlife Board. Read more about it here: NGT order on Okhla Bird Sanctuary Booking Form, Allotment Letter and Builder Buyer Agreement When you have verified all the documents mentioned above, ask the developer to provide you a copy of booking form, allotment letter and BBA. Usually allotment letter and BBA are provided to you few months after making payment of 2-3 installments that would account for almost 20-30% of your flat consideration. At this stage you do not have an option to object to any clause. Objection means cancellation and cancellation means forfeiture of earnest money. You should force the builder to provide a sample copy of BBA and go through each and every clause carefully. You can take help of a lawyer or expert to analyze the agreements. The builder will always want to avoid presenting you with a BBA at the initial stage since most of them are one-sided, and are presented to the buyers at a stage when you just cannot afford to say no to it. After having a look at the BBA, you have a choice to walk away if builder’s agreement is too aggressive. Chances are that you shall be left helpless and BBA would be slapped on your face when you have any problem after making the payments. Documents to Check once construction is finished Completion Certificate Completion certificate (CC) is a documents issued by public authorities that certifies that the project is constructed as per layout plans and the other guidelines mandated by the authority. CC can be issued in phases for a few towers. A certain percentage of towers must be completed to get CC. Occupancy Certificate Occupancy certificate (OC) is the next step after CC. OC means that building is complete from all aspects and basic amenities like water, power supply, sewage connection are in place and are as per the approved layout plans. Before Taking the Possession Sale or Sub-lease Deed registration Once the CC and OC are in place, it is mandatory for you to register the property with the government’s revenue department. Builder will transfer the property in your name at registrar’ office. Sale Deed defines your ownership for the said apartment. In case you have taken bank loan, original copy of sale deed shall be kept with bank. Possession Certificate Once the apartment is registered in your name, you should collect the possession certificate from developer. This document shall help you in tax deduction etc. Read the fine print very carefully. Builders usually include clauses to wash off their hands from this here onward. Do not accept this if you are not fully satisfied with the final product. Ask for an inspection of apartment and ensure things are as expected. Maintenance Service Agreement (MSA) At the time of possession, builder shall ask you to sign the MSA. Ensure that it is not entirely one sided. It contains clauses related to maintenance charges, electricity and water charges. This document also contains terms of use for club and common area. Check if these meet your requirements or not.
Read
More
Answer
The property documents should be verified –
If you are entering into an agreement for purchasing the property
When you are taking a home loan
When the owner is mortgaging a property for taking a loan against it
When a person is takin ....Read
More
Property Law Articles
User Reviews
4.9 - 17 reviews
Helped a lot in understanding the law.
Thanks for the detailed article.
needed legal help…whom shall I contact?
helpful in understanding the law
needed legal advice…who to call
good work. Keep it up
how to contact a lawyer for my legal case?
needed some more information on the subject.
Detailed and informative.
informative with the law.
good article. Can you share more detail
Very good work with the article. Gave a nice clarity about the subject.
Written in a very simple language.
nicely explained. Thanks fro the information
thank you for the information
nice work with the article.
good legal subject
VIEW ALL