Important Legal Checklist For Buying A Property

It is true that buying property is a dream for many of us. However, we cannot deny the fact that it involves a lot of legal checklists which is difficult to understand for a common person. But this legal checklist is important to understand for buying a property. To help you with the same let us try to understand the legal checklist in detail.

Buyers are often dependent on the brokers and builders to complete the legal formalities like ownership documents, guidelines, or registration process. But if you are an educated buyer this is not the case. You spend your life-savings on the property and you never want it to go in vain. While purchasing your property it is important to do the paperwork. If you are armature about these formalities, it can lead to legal tangles later. Hence, it is beneficial for the buyer to be aware of every legal formality he/she has to deal with while buying a property. Here is a few important legal checklists that a buyer must take care of while purchasing a property.

Key legal checklist that a home buyer should know before buying a property:

Verification of title and ownership:

Before buying a property you tend to visit numerous different properties and examine various things. Not just the surroundings or view, you examine various things while finalizing one. The title report must be given by the solicitor with the title certificate. In addition to that, the buyer must check that the developer gives a paper ad regarding the title clearance. While buying a property don’t just fall for the view of the property. In fact, check if the property belongs to the respective seller. Check the deed thoroughly if necessary. Take the help of a property agent and understand everything about the title of ownership.

Land use premises:

Checking the master plan of the property and verifying if the property is according to the zoning plans such as parks, open spaces, etc. Because of growing urbanization, agricultural land is used for the construction process. Ensure that the non-agricultural certificate of the land must be given by authority of the state. Several state laws restrict the purchase of agricultural property. Hence, before taking a final decision the buyer must check this important fact as well.

Construction approvals:

You never want to risk your life savings on something which isn’t approved by the government. Keep a thorough check on all government approvals. Along with approvals by the government, statutory and regulatory authorities for providing infrastructure facilities, water, sewage, electricity, environmental clearance, fire safety etc. The buyer can scrutinize the building plan sanctioned by the local municipal authorities.

Occupancy certificate:

This is what is the necessary document for the seller to obtain. The buyer is entitled to penalty under the applicable building bye-law if he uses the property without obtaining an occupancy certificate. This certificate also makes sure if the builder has taken any project loan.


Before buying a property make sure the owner/seller has an encumbrance certificate. This certificate ensures that the property is not under the mortgage. In addition,  it ensures if there are any pending dues.  Henceforth, the owner is liable to finish them before selling the property. A non-encumbrance certificate makes sure if the developer has taken any project loan for the on-going project. You can obtain this certificate from the sub registrar’s office.

Physical survey of the property:

A property is something a buyer should never finalize before taking a survey on it because it helps them in decision making. Along with these basic legal formalities, it is very important for the buyer to take a physical survey of the property. To invest in something like property it is important to complete the due diligence that can save you from making mistakes. Therefore, the buyer must undertake a physical survey of the property and confirm every detail by the seller.


One more important thing that the buyer must take care of is the approval of a project for the financial facility. It must have approval by nationalized banks. It makes it easy for buyers to get loans to purchase the property. This facility also makes the buyer feel that they are safe while buying the property.

RERA rules and regulation:

Registration under the RERA act is mandatory for the developers. Before taking any final decision it is a must for a buyer to verify whether the project is under RERA registration. You can always get information about the respective property on the official web portal of RERA for each state. The buyer can get any information regarding any cases/complaints against the developer. Also, it helps you to know about the credibility of the developer.

Buying a property is not an easy task. With the changing real estate market, property tax rules, it becomes difficult to sell or buy property in India. Though these are only a few points, the buyers should diligently verify each and every detail to avoid legal hassle. As a buyer do not be dependent only on the agent to clarify your doubts. Instead, have an in-depth knowledge of the property you are going to invest your money in.

Buying a property?

We at Pacifica Companies, strives to ensure that you do not have to face any hassle while buying a property with us. Our customer centric approach lets you buy property with us in a very smooth way. Our smooth and easy documentation process helps you to clear all your doubts so that you can have a property in your name without landing into any legal trouble.