Resale Flat Required Documents Checklist

Earlier Sale Deeds / Agreements to Sell –

This document provides information about the agreements and deeds that took place in the past, and it is important for verifying how the current owner obtained the title of the property. It includes important details that shed light on the chain of ownership and the legal history of the property.

Checking the previous sale deeds and agreements to sell is vital for ensuring a clear title and a smooth property transfer process. These documents provide insights into the legal history of the property, including any changes in ownership, encumbrances, or disputes. By thoroughly examining these documents, buyers can verify the legitimacy of the current owner’s title and identify any potential legal risks or liabilities associated with the property. It helps in mitigating the risk of fraud, ensuring that the property is free from any legal encumbrances, and providing peace of mind to the buyer that they are making a safe and informed investment in a resale flat.

Index – II of all the earlier transactions –

The Index-II of all the earlier transactions is an important document that provides comprehensive information about the previous transactions related to the property. It contains essential details such as the document registration number, type of document, transaction amount, survey number, property description, the total area of the property, sellers’ details, buyers’ details, date of registration, stamp duty, and registration fee amount. This document serves as a valuable resource for buyers to verify the authenticity of the property’s transaction history, ensuring that all the details match the information provided by the seller. It helps buyers to ascertain the legal status of the property and confirm the property transactions. Checking the Index-II of all the earlier transactions is an important step in conducting due diligence when purchasing a resale flat, ensuring a smooth and transparent transaction process.

All Building Plans including Floor Plans –

Obtaining and verifying all building plans, including floor plans, is a critical aspect of due diligence when purchasing a resale flat. Building plans provide a scaled diagram of the entire building, including individual units, and are drawn as if seen from above. Building plan approval is a process that builders must follow to obtain the necessary permissions for constructing buildings, in compliance with the relevant building laws and regulations governed by the State Municipality Acts. It is essential to ensure that the building plans of the resale flat have been duly approved by the relevant local bodies to confirm that the construction is carried out as per the sanctioned plans. This helps buyers to ascertain the legal compliance of the building, ensure that the property is constructed as per the approved plans, and avoid any potential legal or structural issues in the future.

Parking Plan and Allotment Letter –

Verifying the parking plan and allotment letter is also important when purchasing a resale flat. Buyers should check the parking number mentioned in the deed and cross-verify it with the allotment letter and parking plan. This helps ensure that the parking space allotted to the flat is in accordance with the documents provided by the seller. It helps buyers confirm the rightful owner of the parking space and avoid any potential disputes or issues related to parking in the future. Additionally to insure the parking needs are adequately addressed, checking the parking plan and allotment letter also helps buyers understand the location, accessibility, and availability of parking facilities in the building or complex should be checked.

Commencement Certificate –

The Commencement Certificate is a document that confirms the legal compliance of a building project. Before commencing the construction of a new project, the developer must obtain a Commencement Certificate from the local municipal authority. The Commencement Certificate is granted after verifying various documents such as NOC (No Objection Certificate), clearance certificates from various departments, and other compliance requirements laid down by the law. This document is vital for buyers when purchasing a resale flat as it ensures that the builder has adhered to all the legal requirements and obtained the necessary approvals before commencing the construction. Verifying the Commencement Certificate helps buyers to avoid any future legal issues related to the legality of the building project, ensuring a safe and secure purchase of the resale flat.

Completion Certificate –

The Completion Certificate is a very important document issued by the Municipal Corporation after the examination of the constructed project. It confirms that the builder has completed the construction of the building and units and that all the prescribed safety norms and regulations have been complied with. The Completion Certificate also verifies that the building and its units have been constructed as per the approved plans. Checking the Completion Certificate is essential for buyers when purchasing a resale flat as it provides assurance that the construction has been completed in compliance with the applicable laws and regulations. It helps buyers ensure that the property is legally sound, safe, and completed as per the approved plans, avoiding any potential legal or structural issues in the future.

Possession Letter –

The Possession Letter is a document issued by the developer to the buyer after the construction of the property is completed and the developer has obtained the Completion Certificate. It confirms that the first buyer was eligible to take possession of the property. The Possession Letter typically includes details such as the date of possession, agreed-upon terms and conditions, and any other relevant information related to the possession of the property. Checking the Possession Letter is important for buyers when purchasing a resale flat as it confirms that the construction was completed, and the property was ready for possession by the first owner. It provides legal proof of the first buyer’s right to possession.

Society Registration Certificate –

The Society Registration Certificate is a vital document that confirms the legal registration of the housing society where the resale flat is located. It is issued by the Registrar of Cooperative Societies, and it validates the society’s legal existence and functioning. Checking the Society Registration Certificate is essential for buyers when purchasing a resale flat as it shows that the society is legally registered and complies with the applicable laws and regulations. It also verifies the authenticity of the society and its management, which can impact the overall ownership and living experience in the resale flat. It is important to check that society has a valid and up-to-date registration certificate to avoid any potential legal or operational issues in the future.

Society Share Certificates –

The Society Share Certificate is an essential document issued by the society in favor of the members (property owner) which confirms their ownership share in the society. These certificates typically contain information such as the society name, certificate number, property description, and the name of the owner. Checking the Society Share Certificates is crucial for buyers when purchasing a resale flat as it validates the ownership share of the property in the society, it helps verify the ownership rights of the existing owner as a member of the society. It also serves as proof of ownership and membership in society, which may be required for various legal, financial, and operational purposes. It is important to ensure that the Society Share Certificates are duly issued, valid, and in accordance with the society’s bylaws to avoid any potential discrepancies or disputes in the future.

Land Conveyance Deed in favor of Society –

The Land Conveyance Deed in favor of the Society is a critical document that establishes the society’s legal ownership of the land on which the housing society buildings are constructed. It is a final document that the builder is obligated to make when transferring the ownership of the land to society. The Land Conveyance Deed typically includes details such as the description of the land, society, and other terms and conditions of the transfer. Checking the Land Conveyance Deed is important for buyers when purchasing a resale flat as it ensures that the society has legal ownership of the land and the right to use and maintain the common areas and amenities of the society. It also helps verify the legitimacy of the society’s ownership and avoid any potential legal disputes or complications in the future.

Society NOC for ownership transfer –

The Society NOC (No Objection Certificate) for ownership transfer is a document issued by the society after verifying that the existing owner of the property has no dues towards the society. This document confirms that the society has no objection to the ownership transfer of the property to a new owner. It also states that the society will transfer the shares in favor of the new owner upon completion of the sale transaction. Checking the Society NOC for ownership transfer is vital for buyers when purchasing a resale flat as it ensures that there are no outstanding dues or disputes with the society and the existing owner. It provides assurance that the society has approved the ownership transfer and the new owner will be eligible to become a member of the society after the transaction is completed.

No Dues Certificate from the Bank –

If the existing owner has taken any loan on the property, a No Dues Certificate from the Bank is a critical document that buyers should request from the existing owner when purchasing a resale flat. This document confirms that there is no outstanding loan on the property or that any existing loan on the property has been fully cleared by the seller before the current sale transaction takes place. This certificate ensures that there are no hidden liabilities or encumbrances on the property that could affect the buyer’s ownership rights in the future. Checking for a No Dues Certificate from the Bank provides assurance to the buyer that the property is free from any outstanding loan liabilities and helps avoid any potential legal or financial complications post-purchase.

Miscellaneous –

Apart from the essential documents mentioned earlier, there are some miscellaneous documents that are also important to check before buying a resale flat. These documents include:

1. Electricity Bill: Request for the latest electricity bill and payment receipts to ensure that the electricity connection is legal and there are no pending dues.
2. Property Tax Bill: Obtain the latest property tax bill and payment receipts to verify the property’s tax status and ensure that there are no outstanding taxes.
3. Property Card: Request for the property card, which contains details about the property’s ownership, size, and usage as per the local revenue department’s records. This document helps in verifying the property’s legal status and ownership details.
4. Piped Gas Bills: If the flat has a piped gas connection, ask for the latest piped gas bills and payment receipts to ensure that the connection is legal and there are no dues pending.
5. Maintenance Payment Receipts: Request for receipts of maintenance payments made to the society or the association for the flat in question. This helps in verifying the maintenance payment history and any pending dues.

Checking all the important documents is vital to make sure that there are no hidden liabilities or pending dues and all the legal compliance is done associated with the property and to ensure a smooth and hassle-free ownership transfer process. It is recommended to engage a legal expert or a qualified professional to thoroughly review and verify all the relevant documents before proceeding with the purchase of a resale flat. Proper due diligence and verification of all the necessary documents can help protect the buyer’s interests and avoid any legal or financial complications in the future. So, it is essential to pay attention to all the above-mentioned documents when buying a resale flat. Happy home buying!