Before buying or selling any property, it is better to list essential documents. Let’s learn more about it.
In one’s life, owning property have a very significant impact, financially and emotionally. Therefore, you must have everything you require before you embark on such a journey. You will need the property documents from the seller, government, housing board, etc.
During the process of buying a property, it is very crucial to checklist the documents of the property. Due to complex legal, statutory and regulatory frameworks, the process of property transactions is document intensive in India. Specific laid-down rules are required to follow if you want to buy or sell property ownership.
The presence of legal documents is mandatory because there is a lot of paperwork involved in the buying and selling of property. You can also consult lawyers or agents for advice to get a better price. We have curated a list of crucial documents.
The legal document of property ownership is also known as a Title Deed. It also indicates all the terms and obligations agreed upon by the party. This document requires purchasing properties and availing of a home loan. Title deeds contain a lot of information regarding a property – who is the owner, the rights or privileges of the owner, and its worth. The registered office maintains it.
A sale deed is a mandatory legal property document proving that a sale and transfer of property has occurred between the seller and buyer. Moreover, for future sale, it acts as the main property document and as evidence of his property ownership.
Usually, a sale deed is executed only after a sale agreement. The sale deed confirms the terms and conditions stated in the sale agreement that the seller and buyer agreed. The registration of the Sale Deed happens in the Sub Registrar’s office. In which the jurisdiction of the property. You need to mandatorily register your sale deed within four months from the date of execution, and if you fail to do so, you will need to pay a fine, or the sale deed stands invalid.
Rights, Tenancy, and Crop Extracts
The full form of RTC is records of rights, tenancy, and crop information. In general, RTC is in a property document form issued to existing landowners in the state of Karnataka. The information, such as details of the land records, type of land, mutation reports, area of measurements, water rate, agricultural details, commercial information, etc., is recorded in the RTC. The tahsildars sign these RTC records.
Currently, we will get landforms RTC (Pahani) online. The easy maintenance of land records is one of the many reasons for the digitisation of landforms. Over the past few decades, many scams and land disputes have become significant challenges for the government. In the survey, there are pending cases in the court, and nearly two-thirds are related to land disputes. Moreover, land-related documents are crucial whenever there is a mutation of the land.
Khata Certificate and Khata Extracts
Two specific property documents issued by the BBMP (Bruhat Bangalore Mahanagara Palike) to a property owner – the Khata Certificate and the Khata Extract, referred to as Khata. The literal meaning of this term is Account.
The Khata Certificate is a document whose function is to identify who owns a specific property. To sum it up, it “certifies” the specific owner of a particular property.
These documents are mandatory in two instances –first, when the owner wants to register his property and second when the owner wants to sell the property.
Joint Development Agreement
The role bone of disagreement between the assessee and the tax department plays by Joint Development Arrangement (JDA). The major complication arises in estimating the correct tax amount under Direct and Indirect Taxes. Thus, it has always been an area of litigation. This form prefers by both the developer and the landowner. In this context, the author has aimed to provide a brief overview of the taxability of JDA under GST law and Income Tax law.
General Power of Attorney
An official instrument known as a power of attorney permits one individual to act on behalf of another. The person authorised under a power of attorney refers to the agent. In contrast, The person who authorises the action refers to the principal. As the name implies, no universal power of attorney is issued, and the representative may represent the principal in various situations.
When the principal is ill, incapacitated, or otherwise unable to sign documents in person that are necessary for financial operations, a power of attorney employs. It is a record that details permission or endorsement given to a third party.
Sale Agreement with the Seller
The key document demonstrating asset ownership and the precise transfer of title is the seller-buyer contract of sale.
There are generally two different types of contracts used when selling real estate: a bill of sale, a bill of sale, or both. According to the Registration Act, the sales contract needs to be registered and stamped, and there can be a delay between the registration date and the contract’s completion.
The title transfers from the seller to the buyer as soon as a contract is signed. The seller, buyer, and property for sale must completely describe in the sale contract to be deemed legitimate and enforceable. Any errors in the property’s identification or description may impact the seller’s ownership.
Certificate of Completion
The building’s location, the identity of the site, developer and owner information, height, and kind of materials used are all included in the Certificate of Completion. Additionally, it shows the project construction by the building plan, which details the project’s distance from the road, the distance between buildings next to it, and the laws and restrictions established by local government officials.
The Certificate of Completion assures the relevant authorities that all conditions set forth by the relevant authorities have been satisfied and that the authorised building plans follow before construction begins. Additionally, real estate buyers might feel more secure knowing that the house has access to reliable water and power.
Let’s quickly review why it’s crucial to check property documents. To be sure they are receiving the actual deal, buyers today need to check the property before they buy, lease, or mortgage it.
It guarantees that the property is lawful and that all related documents are authentic. As a result, a comprehensive legal analysis of the property paperwork before finalising a sale may help you make a well-informed decision and prevent future legal issues. Throughout the verification procedure, several papers examine one after another.
One of the most significant decisions you will ever make is purchasing a piece of land. It’s a significant financial choice that involves a lot of money. And it’s emotional! Purchasing property in India is difficult, regardless of whether you are a novice or a seasoned homeowner. You’ll need to perform a lot of research and examine several significant property documents. State-specific requirements may differ, but you will always need the typical and crucial papers mentioned above to decide whether to buy a home.
How do an occupancy certificate and a completion certificate different?
A completion certificate certifies that the building adheres to the approved plans. A certificate of occupancy attests to the building's compliance with building regulations, ensuring that the structure is secure and complies with local legislation.
Does a possession letter give the title of the legal owner of the property to the buyer?
No, A letter of possession does not, and the purchaser needs an occupancy certificate.
What is the difference between registration and mutation?
The transfer of ownership from the buyer to the seller is known as "registration." After registration, a mutation process occurs, informing the relevant authorities that you have just acquired ownership of the property.
What are the expenses for property registration?
There has been a variation of stamp duty concerning a particular state; the standard cost of registering a property is 1% of the total transaction amount.
What are the documents required for the registration of property?
Proof of ownership, sale deed and other ID proofs etc.