Documents of immovable property

Documents Needed

 

Purchase of  FLAT / HOUSE (New)

Purchase of FLAT/HOUSE    (Under 

Construction)

Purchase of FLAT /HOUSE  (OLD)

Purchase of PLOT

Construction on OWN PLOT

LOAN for Construction

RENOVATION/ REPAIR/ EXTENSION TO EXISTING HOUSE 

Sale Deed /TITLE Deed ü ü ü ü ü ü üRights, Tenancy & crops (RTC) ü ü ü ü ü ü üKatha Certificate & Extracts ü ü ü ü ü ü üJoint Development  Agreement ü ü ü ü ü ü üCommencement Certificate (CC) ü ü ü ü ü ü üEncumbrance certificate (EC) ü ü ü ü Power of Attorney (POA)  ü ü ü ü ü ü üCompletion certificate  ü ü Occupancy Certificate (OC) ü ü

Building plan sanctioned by statutory authority ü ü ü ü

Sale agreement between the Builder & the 1st Owner 

ü ü ü ü ü

Construction Agreement between the Builder  & 1st Owner

  ü ü ü Possession letter from the Builder ü

Approved plan for Renovation/  Repair/  Extension (RRE) & also license for construction ü ü ü ü

Layout Approval Plan Sanction ü ü ü Architecture Certificate ü ü

Sale Agreement with the seller ü ü ü ü ü üNOC from Society ü

NOC from Water Works/ Electricity  Department / Pollution Control Board/ Airport Authority

ü Mutation Register Extracts

Architecture/ Engineer's Cost Estimation   üLatest Electricity Bill ü

Sale Deed/ Title Deed

• Sale Deed / Title Deed- 

• Sale deed is an official document giving legal rights to a person over a property. This is a proof of transfer of ownership between two parties (The two parties are the buyer and seller). It is required, as the buyer gets the occupation of immovable property along with the transfer of deed. Sale deed is a necessary document for a simple Occupation over any immovable property.

Katha Certificate & Extracts

• Katha Certificate & Extracts – • Katha literally means account. It is further bifurcated into khata certificate &

Khata Extracts. It is also known as property extract• Khata certificate is basically when you buy a property the new entry taken into

land record account and certificate to that effect issued is called khata certificate. This certificate is submitted while buying a new immovable property.

• This khata certificate helps in certifying of ownership of a property. It also has various information of tax paid over the property, the size, location & area of the property.

• Extract means copying the information from record register. The Officer comparing the information in Extract with revenur record and issued the khata certificate certifying the information is correct and according to the land record.

• This helps to give the knowledge of the property while transferring the property to the new owner (that may include property purchase or while taking a home loan)

• Issuing Authority- Assistant Revenue Officer of the respective Area

Joint Development Agreement

• Joint Development Agreement- 

• This is a joint agreement for the development of a property. The Owner of the plot enters into an agreement with the builder, to build the property over that plot. This agreement is done with their mutual understanding of sharing the proceeds ratio. This ratio is also mentioned in the agreement which is important for the purchaser to know. The builder and the plot owner enter in to a contract, where the owner will give the builder a portion of the plot. To build the property, in return the builder has to give some part of the new constructed property as a token and from rest the builder can cover up his expenses.

• This is important for a purchaser to know the property ownership, size of the plot, floors, construction etc. (in case the builder and plot owner have conflict, or do not want to continue with the agreement, or any construction problem). Then the new property purchaser knows whom to approach and as to the original title is with builder or plot owner.

Commencement Certificate (CC)

• Commencement Certificate (cc) – • Commencement means to start/origin/begin. • The commencement of construction given to a builder by an authority in charge is

called Commencement Certificate. This certificate is given to a builder to start with the work. Mostly when the building is demolished and the residents are shifted to the other accommodation. The builder will show the basic structure and after the approval of the authority a commencement certificate would be granted. After which the builder can start with his construction. As the commencement certificate is granted after the inspection of the site and basic construction work carried on by the appropriate authority.

• This will help the buyers to understand that the property has been inspected by the authority in charge. Proof of erected columns photographs signed by owners & authorized architecture

• Issuing Authority- Local Town Planning OR Municipal Authorities to give permission to the builder, bye-law (5.2)schedule VI (Penalty of ₹50 per square meter if the builder has not got cc )

Encumbrance Certificate

• Encumbrance Certificate (EC)- • Encumbrance means a liability attached to a property. • Non-encumbrance Certificate (NeC) is a certificate which conveys

that the property has no liabilities or debts attached to the property or is not mortgaged. The property can be sold and the ownership of the property can be passed without any debts or liabilities.

• NeC also certify that the property is without any charge and free from any debt.

• It helps the buyer to get satisfied that the ownership of the property is still in the hands of the seller. It is a kind of proof of ownership for the buyer from the seller.

• Issuing Authority- Sub- Registrar office where the deed has been recorded.

Power Of Attorney (POA)

• Power of Attorney (POA)- 

• Power of attorney is a document under which the owner of property give right to deal with his property to another adult individual . He who has got power of attorney can act as an agent, donor or principal of the property. It is a legal document with a seal and signed by the grantor.

• By power of attorney can have rights as per POA and act according to the power given to him and take the deccesion.

• Authority- the authority is given on a legal document (made by a lawyer who has full knowledge of law) by the person, who gives the power of authority for the property, to another person. This document has to be signed in front of two witness (the witness should be above age of 18). It can be notaries.

Completion Certificate

• Completion Certificate – 

• When the building is completely ready and just before the residents are about to come and reside, the completion certificate is issued by Municipal Authorities.

• The authority gives this certificate only after satisfied investigation. So this helps the buyer to be satisfied about the safety.

• Investigation of the property may be about the materials used , safe distance from the road , height , measures taken if lightening takes place , etc.

• Authority- Municipal Authorities / Planning & Building Control Board

Occupancy Certificate

• Occupancy Certificate (OC)- 

• This is the certificate given to the buildrs along with Completion Certificate. Buyer should insist for the copy of OC. while buying the property. As the property they are going to reside is safe. By certifying certain matters as to the construction of the property, their codes & some laws. It also helps to check if the construction is done as per the plans sanctioned.

• This will give right to get water and sanitary connection. The buyers cannot approach for legal action if any mistake in the property or supply if they do not have the occupancy certificate.

• Authority- Local Government Agency or Building Department certifying codes & whether the condition is suitable for occupancy.

Building Plan Sanctioned By Statutory Authority

• Building Plan Sanctioned by Statutory Authority- 

• Before starting the construction the builder has to submit the detail building plan to appropriate authority for approval.

• Approved building plan is very important documents the buyer should verify before buying the flat/House in under construction building.

• Authority- Development Authority / Municipality by sending Executive Engineers or Dy. Chief Engineer for investigation. After which within a month of procedure the building plan is approved or denied.

Sale Agreement Between The Builder & 1st Owner

• Sale agreement between the Builder & 1st Owner – 

• There is an agreement signed between builder and the buyer. It contains among others the full address of the building with CS No. etc Area of Flat, layout of flat, price, payment schedule. Proposed accessories provided, the possession date etc.

• This will help the buyer and the seller both as a written proof as to what they had agreed before while signing the agreement.

Possession Letter

• Possession letter from the builder- 

• Possession letter issued by the builder to the buyer certifying that the building is completed and available for reside and advising him to take possession of his Flat. This letter issued only after the constructed building got completion certificate / Occupation Certificate from appropriate regulatory authority. This letter is a proof of ownership of Flat to the person.

• Only after this letter the buyer can reside and also call himself the owner of the property.

Approved Plan For Renovation, Repair & Extension (RRE) & License For Construction

• Sion • Approved plan for Renovation, Repair & Extension (RRE) & also license for construction – 

• A permission is needed for doing any alteration, Repairs, Extension. The new plan has to be get approved from appropriate authority. Only after the permission is granted the builder gets license for construction.

• It helps the buyer if any legal interference is caused by the court. • There should be approval as to verify that the RRE proposed will

not be put in danger for the entire building or entire structure . • Authority for approval of plan- Board of Health & Conservation

Authorities or Municipal Building Departments

Architecture Certificate

• Architecture Certificate- 

• This certificate is given by architecture, who is a qualified person. Who has enough knowledge of the structure whether it is safe or not. He is legally qualified person with waste knowledge of his field. This certificate contains the details of the property and even the interiors of the property.

• This will help the buyer to understand whether it is safe to buy the property or no.

• Authority- From any legally established university of architecture in town. Which certifies the person to be an Architecture, after passing the exams needed.

Sale Agreement with the Seller

• Sale Agreement with the Seller- • It’s an agreement between the seller and the buyer with all

the clause and terms and conditions. It is signed by both in front of witnesses.

• Mostly in resale of property this type of agreement made. It should be properly stamped and registered with competent authority.

• It is an important agreement for the buyer as after signing this deed. He shall get the title of the property, RTC & Katha certificate. He shall also get full fledge hold over the property (Ownership). Authority of this deed is automatically got once signed by the buyer.

Construction Agreement Between Builder & 1st Owner

• Construction Agreement between Builder & 1st owner

• The owner of plot wish to construct house on it entered the agreement with contractor who construct house for owner as per approved plan.

• The house to be constructed should be as per specification agreed between Contractor and Owner.

• After construction of house the Architect should give certificate to completion of construction and also for constructed as per specification.

• There is a need to get completion certificate from competent authority to regularize the construction.

NOC From Society

• NOC from Society – 

• Any member of co operative housing society want to sell the Flat should obtain ‘’No objection Certificate’’ from society

• This Certificate is one of the important documents the buyer should ask from seller of flat before entering any agreement .

• It is a certificate where the people of society in their assembly sign the certificate as to they do not have the present owner of the house selling the flat to anyone else. It is also signed by the head of the society.

• Authority – Office bearers of housing society are the authority to issue such certificate.(generally secretary of the society)

Latest Electricity Bill

• Latest Electricity Bill – 

• Electric Bill is one of the documents use for establish as address proof of the person whose name appears on electric bill.

• When a person buying the property he must transfer the electric meter bill on his name at once.

• This bill stands as the proof as the property he is selling is owned by him. So he has the authority to sell the house. Electricity Bill stands as the address proof & being it lately it stands as the proof that the seller is the last person who utilized the house & the property is on his name .

Mutation Register Extracts

• Mutation Register Extracts- 

• This document can be obtained from Revenue & land Record Department. It can be extracted from the register where the entries are of the previous owner of the land or the extent of the property or land presently used as or the previous owner. In rural areas it is also known as 7/12 extract which is called as Record Of Rights.

• This helps the ownership to be passed on the present owner. It helps the buyer to even bifurcate the use of the land if needed. Example- plain land to agricultural land or agricultural land to non-agricultural land.

• Now the functioning of the mutation extracts is done digitized which connects offices of the registers with the tehsildars & also the land revenue record department & land record department.

• Authority- Revenue Department of respective State Government or Department of Registration & Stamps or from Land Records Department.

Architecture/Engineer’s Cost Estimation

• Architecture/ Engineer’s Cost Estimation –

• Before going for Repair, Renovation, extension of house or for construction of new house estimation of cost should be done beforehand, then there are no problems faced of money getting over before the materials get over.

• Detail estimation along with the architecture or engineer will help a person to understand, how much and what sources are to be used? A person can fix a cost along with the professional fees.

• This helps the buyer to save money & time, with less confusion & the work gets completed within the budget.

NOC From Water works/Electricity Department/ Pollution Control Board/Airport Authority

• NOC FROM Water works/Electricity Department/Pollution Control Board/ AirPort Authority- • These certificates are the permission of the government boards. Once the permission is taken the

certificate number, with the address of the property, etc are registered so that there are no problems faced by builder in selling the property. These certificates help the buyer to be aware of the permission taken by builder of the all government departments.

• If he does not have the NOC of required departments then he might not get the facilities. So this document stands as safety for the needs of the buyer.

• Authority- • NOC from Electrity Department- • Power distribution company by informing power company . This is for supplying power during

construction & later. Permission should be asked & granted within 30 days.• Obtain permanent water connection – • After municipality inspection, the builder has to give ₹ 1200 for connection fee. The procedure

should be complete within 45 days.• NOC from Airport Authority – • Civil Aviation Department 3-4 month’s procedure• NOC for Pollution – • BMC. Procedure should be complete within 30 days

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