With a new-build flat you deal with one developer. With a resale property you inherit everything that has happened to it since it was first sold — every transfer, loan and dispute. That is why the document check matters more than the site visit. Ask for copies early, before you pay any token amount, and have a property lawyer review them.
Proof of ownership
- Registered sale deed (or conveyance deed) in the seller’s name. This is the core document. Check that the names, unit number and area match what you are being offered.
- Previous chain of title. Ask for the earlier deeds that show how ownership passed to the current seller. Gaps in the chain are the most common source of later disputes.
- Authority transfer papers where land is leasehold from a development authority. In many NCR sectors the authority must record each transfer; ask for the transfer memorandum or equivalent and check that the seller’s name appears.
Proof the property is free of dues and loans
- Encumbrance certificate from the sub-registrar for a reasonable look-back period, showing no registered mortgages or charges.
- Loan closure letter and original documents from the bank, if the seller had a home loan. If the loan is still running, the bank must release the originals at closing — your lawyer should set out how.
- Latest property tax, electricity, water and maintenance receipts. Unpaid dues can follow the property to the next owner.
- No-dues / NOC from the society or RWA for apartments and gated communities.
Proof the building is legal
- Approved building plan and, for apartments, the occupancy or completion certificate for the tower.
- Compare the plan with what you see on site. Enclosed balconies, extra floors or merged units may not be regularised.
Tip: ask the seller to share scans on day one. A seller who delays documents is telling you something.
Before you pay the token
Agree in writing what the token covers, when it is refundable, and the date by which the sale agreement will be signed. Then use our total purchase cost estimator to see the cash you will need on top of the price.
This article is general information, not legal advice. Requirements differ by state, authority and property type; always have documents checked by a qualified lawyer.
