Top Legal Mistakes Indian Homebuyers Make

Introduction

Buying a house in India sounds exciting, right? And it is until you realize that the process isn’t as straightforward as it should be. I’ve been through it myself, and let me tell you, it’s not all site visits and picking out wall colours. The real challenge starts when the paperwork comes in.

In fact, most of the pain that people go through while buying property in India comes from legal oversights that seem small at the time but can come back to bite you years later. So, if you’re planning to buy your first home (or even your second), here are a few mistakes I’ve seen people make and how you can steer clear of them.

1. Not Checking the Property Title Properly

Let’s start with the basics. You’d think the land or flat you're buying is legit because it’s being sold by a builder or agent with an office and website. That’s what I thought too.

But here’s the thing: if the land title isn’t clear, nothing else really matters. There could be multiple owners, pending disputes, or mortgages tied to it.

What to do instead:
Don’t rely on what the builder or agent says. Ask for the title deed, and get a lawyer to go through it. It’s a small step that can save you from years of legal battles.

2. Believing a Project is Safe Without Checking RERA

A friend of mine booked a flat in an under-construction tower. The location was great, the price was good but two years later, construction stopped. Turns out, the project wasn’t even registered with RERA.

Lesson learned:
Go to your state’s RERA website and check the project ID. It takes two minutes. If it’s not listed, it’s a red flag. A big one.

3. Taking Possession Without an Occupancy Certificate (OC)

This one gets overlooked a lot. Just because a builder gives you the keys doesn’t mean the building is legally complete. Without an OC, technically, the building isn’t fit to live in. No OC also means you could struggle with getting water, electricity, or even resale down the line.

Tip:
Don’t just ask for it, insist on seeing the document. And make sure it’s not just applied for but actually issued.
 

4. Not Reading the Fine Print in the Builder Agreement

These agreements are usually 30-40 pages long and full of legal jargon. It's tempting to just skim through and trust that everything is “standard”. I’ve done that before, and let’s just say — I wish I hadn’t.

Why it matters:
Some agreements have weird clauses: the builder can delay for any reason, or hike maintenance fees without notice. Read carefully. Or better yet, get it reviewed by a lawyer who handles real estate.
 

5. Buying a Resale Property Without Checking for Dues

If you’re buying a second-hand property, ask yourself this — has the seller cleared all pending dues? This includes property tax, electricity bills, and society charges.

What to ask for:
Get a “no dues” certificate. Simple, but essential.
 

6. Trusting the Broker or Builder Too Much

Look, some brokers and builders are genuinely helpful. But others are just trying to make a sale. Don’t assume they’ll tell you everything you need to know.

Rule of thumb:
Trust, but verify. If something sounds too good to be true, it probably is.

7. Thinking Registration is the Last Step

A lot of people register the property and think, “Done!” But that’s not it. You also need to get the property mutated in your name so the local authority knows you’re the new owner.

 This is what allows you to pay property tax in your name, and it matters when you want to sell the place later.