Legal Documents You Must Check Before Buying Property in India

Introduction

Buying a property in India isn’t just about finding a house that looks good or fits your budget. It’s about making sure you’re not walking into a legal mess. Unfortunately, far too many buyers skip the boring (but critical) part of the paperwork.

Trust me, you don’t want to discover after making the payment that the property you just “bought” is stuck in a dispute, has a loan against it, or worse isn’t even legally owned by the seller.

Here’s a straight-talking guide to the key legal documents every homebuyer in India must check before putting down that token amount.

1.  Title Deed – Who Really Owns the Property?

The title deed is basically the identity card of the property. It tells you who the actual owner is. Not who’s trying to sell it, but who legally holds the right to sell it.

 What you should do:

• Ask for the original title deed  not a photocopy.
   
• Cross-check that the name on the title deed matches the seller’s ID.
   
• If the property changed hands before, get a lawyer to check the chain of previous owners.
   

A lot of land and houses in India still don’t have a clean title. That’s a red flag. If the ownership trail isn’t clear, walk away. No matter how good the deal looks.
 

2.  Encumbrance Certificate – Is the Property Debt-Free?

This one sounds technical, but it’s super important. The encumbrance certificate (EC) tells you whether the property has any legal or financial baggage like an unpaid home loan or a court case.

 Why you need it:

• You don’t want to buy a property that’s already mortgaged.
   
• You definitely don’t want to deal with someone else’s pending legal disputes.
   

You can apply for an EC at the sub-registrar’s office (or even online in some states). Get it for at least the past 15 years 30 if possible. If the EC comes back clean, you’re one step closer to a safe purchase.
 

3.  Sale Deed – The Document That Actually Transfers Ownership

The sale deed is what officially makes the property yours. Without it, the deal isn’t legally complete.

Make sure the sale deed:

• Clearly describes the property (with survey numbers, dimensions, etc.)
   
• Mentions the full payment amount and payment method
   
• Has the names and signatures of both buyer and seller
   
• Is properly stamped and registered at the sub-registrar office
   

No registration = No legal ownership. Don’t skip this step, even if the seller insists “it’s not needed.”
 

4.  Tax Receipts & Utility Bills – Small Papers, Big Clues

Ask the seller for the latest property tax receipts, electricity bills, water bills, and maintenance charges (if it’s an apartment).

Here’s why:

• These documents show the seller has been paying dues and isn’t off the grid.
   
• They help confirm that the property is being used legally.
   
• If the bills are in someone else’s name, that’s a sign to dig deeper.
  
   

5.  Building Plan & Occupancy Certificate – Especially for Flats & New Projects

If you’re buying a flat, check that the building plan was approved by the local authority. Also ask for:

• Completion Certificate (CC) – proof that the building was constructed according to plan.
   
• Occupancy Certificate (OC) – shows that it’s safe and legal to live there.
   

A lot of new builders hand over possession without these documents. That can create big problems later especially when trying to get water and electricity connections.

6. RERA Registration – Your Legal Safety Net

Under India’s RERA law, all builders have to register their projects. This makes it easier to track delays, complaints, and project approvals.

Always check the RERA number on the state’s official website. It tells you:

• If the project is legit
   
• What the promised deadlines are
   
• If the builder has any ongoing cases or violations
   

If the builder isn’t registered with RERA, that’s a giant red flag. Don’t take the risk.

Don’t just trust your gut. Trust the documents.

Buying a property in India without doing your legal homework is like buying a second-hand car without checking if the engine runs. You might get lucky… or you might end up with a huge loss.

When in doubt, get a real estate lawyer involved. The ₹10,000–₹20,000 you spend upfront could save you lakhs and years of stress down the line.

 Quick Checklist for Buyers:

•  Original Title Deed
   
•  Encumbrance Certificate (15–30 years)
   
•  Sale Deed (Registered)
   
•  Property Tax Receipts
   
•  Utility Bills (Latest)
   
•  Approved Building Plan
   
•  Completion & Occupancy Certificates
   

RERA Registration