Documents to check before buying a flat in Bangalore: a checklist for new and resale homes

The short answer: before you pay a booking amount, ask for the title documents and the Encumbrance Certificate, the khata or e-khata, the sanctioned building plan and the commencement certificate, the project's RERA registration and, if the builder doesn't own the land, the joint development agreement. For a completed or resale flat, add the occupancy certificate, property tax receipts and the residents' association's no-dues letter. Have an independent lawyer review them all.

Every document below answers one question: does the seller have the right to sell, was the building allowed to be built the way it was, and is there anything that could stop you owning it cleanly? Here is the full list.

1. Ownership and title

• Title deeds and the chain of title. The sale deeds showing how the land passed from owner to owner, ideally going back at least 30 years. Your lawyer is looking for breaks in the chain, missing heirs and land that was once government or reserved land.
• Encumbrance Certificate (EC). Issued by the Sub-Registrar, it lists registered transactions on the property, including mortgages. Ask for one covering at least the last 30 years. Recent ECs can be downloaded from the Kaveri portal.
• Land records. For land that was once agricultural, the RTC (record of rights) and mutation records, and the land conversion order that allows non-farm use.
• Joint development agreement (JDA) and power of attorney, if the builder is developing someone else's land. They show which flats belong to the builder and which to the landowner, and who can sign for whom.

2. Municipal records

• Khata or e-khata. It shows whether the property is in the main (A) register or the B register, and whose name it's in. For a sale, you need a final e-khata, not a draft. Read our khata guide and how e-khata works.
• Property tax receipts for recent years, showing no arrears.
• Outside city limits, the gram panchayat's e-Swathu record (Form 9 or 11) instead of an e-khata. See buying outside the GBA.

3. Approvals for the building

• Sanctioned building plan from the planning authority (the city corporation, BDA, BMRDA or BIAAPA, depending on location). Compare it with what's being built: number of floors, your flat's layout and the open spaces.
• Commencement certificate (CC), which allowed construction to start.
• No-objection certificates the plan needed, such as fire safety for tall buildings, and airport height clearance near Yelahanka or the airport.
• Occupancy certificate (OC) for a completed building. It confirms the building was built as approved and can be lived in. Without it, getting a khata for your flat, utility connections and a resale buyer's loan can all be difficult.

4. RERA

• The project's Karnataka RERA registration, the completion date on it, and the latest quarterly progress reports. Our guide shows how to check a project on RERA.
• For payments: confirm the account you pay into is the project's designated RERA account named in the agreement.

5. The deal itself

• Allotment letter and agreement for sale. Read the payment schedule (it should be linked to construction stages), the carpet area, the possession date and the penalty if it's missed, and the cancellation terms.
• Price breakdown in writing: base price, car park, clubhouse, maintenance deposit, GST and any "preferential location" charges.
• Bank approval. A project approved by several large banks has passed their own legal checks. Useful, but not a substitute for your lawyer.

Extra checks for a resale flat

• The seller's own registered sale deed, and the previous owner's.
• Khata in the seller's name, matching the sale deed's area and address.
• A no-dues letter or NOC from the residents' association, covering maintenance and any society transfer requirements.
• If the seller has a home loan, a letter from the bank stating the amount outstanding, and how the original documents will be released at registration.
• Utility bills (electricity and water) in the seller's name, paid up to date.
• If the seller is an NRI, plan for TDS on the full price. See TDS when buying from an NRI.

Red flags in the paperwork

• Documents offered only after a booking amount is paid.
• A sale agreement in a different company's name from the one on RERA.
• A plan approval for fewer floors than are being built.
• A completed building with no occupancy certificate, or "OC applied for" for a long time.
• Gaps in the title chain explained only verbally.
• A khata in someone other than the seller's name.

When to ask for what

What we recommend

• Ask for documents before you pay anything. A seller who won't share them before a booking amount is telling you something.
• Use a lawyer you choose and pay, not one suggested by the seller's side.
• Get the lawyer's findings in writing.
• Keep certified copies of everything with your sale deed. You'll need them when you sell.

Once the documents are clear, budget for the costs of registration: see stamp duty and registration charges.