At the time of purchasing your dream house, one of the major problem faced by almost all buyers is to collate information on List of Documents Required for Property Purchase or Home Loan…I also faced same issue and i did lot of research on internet but could not find reliable List of Documents Required for Property Purchase or Home Loan. Almost all articles mentioned just list of 6-7 documents like Sale deed, Sale agreement etc.which everyone knew but since its life time investment therefore it is necessary to know complete list….Even after compiling list another major challenges were to understand
1. What is this document or What this document is all about?
2. Why it is required/relevance?
3. Is it mandatory to have this doc?
4. Should i ask for original or xerox?
5. Is it required for Home Loan or for Property Purchase?
You must have read a management lesson that in order to teach swimming, just push that person in water, this is how i collated list of documents required for property purchase & found out their relevance i.e. i answered all 5 questions in my compilation..For the benefit of my readers, i am pinning down List of Documents Required for Property Purchase or Home Loan (List of 33 documents) though all docs are not required in all cases but this is consolidated list..I will keep updating this list as and when i will come across any other document required but i tried my best to compile 100% List so that its easy for my readers to refer only 1 list. Those who just wish to go through the List of Documents Required for Property Purchase or Home Loan without going into document details can refer list after following download link. To download file, kindly click on following link
Documents Required for Property Purchase or Home Loan
List of Documents Required for Property Purchase or Home Loan: For detailed description of each of following, pls download the file
1. Sale Deed/Title deed /Mother deed/Conveyance Deed
2. RTC Extracts
3. Katha Certificate and Extracts
4. Mutation Register Extracts
5. Joint Development Agreement
6. General Power of Attorney
7. Building plan sanctioned by statutory authority
8. NOC from Electricity Deptt/Pollution Control Board/Water Works/ Air Port Authority
9. Supplementary agreement / Ratification Deed (if any)
10. Allotment Letter from the builder/co-operative society/Housing Board/BDA.
11. Sale Agreement between Builder and 1st Owner
12. Construction Agreement between Builder & 1st Owner
13. Copy of possession letter from the builder
14. Payment receipts paid towards the builder
15. If any loan on the property (Current or past)
16. Sale agreement with the Seller
17. Latest Tax Paid Receipt from the date of registration up to date (Property Tax/Municipal Tax etc)
18. EC up to date for latest 13 years or from the date of registration till date
19. Demand Letter from the vendor before disbursement
20. Own contribution receipt along with the bank statement from which you have paid your contribution to the vendor.
21. NOC from the Society/Building association.
22. No-due certificate from the building association.
23. Approved plan of construction/extension & license for construction.
24. Detailed cost estimate/valuation report from Chartered Engineer/Architect (if applicable)
25. Conversion order/betterment charges paid receipt.
26. Layout approval plan sanction
27. Auction Sale confirmation letter from Local Development Authority
28. Release deed (If applicable)
29. Completion Certificate
30. Occupancy Certificate
31. Loan/Charge/Mortgage by Builder:
32. DEED OF DECLARATION
33. Latest Electricity Bill
Hope this List of Documents Required for Property Purchase or Home Loan will be useful for my readers.
Copyright © 2011-2012 Nitin Bhatia. All Rights Reserved.
hi nitin i m so thank ful to you for providing such a valuable information in a crisp and orgenised manner. your noble cause will certainly help the needy one.
with lots of thanks and best wishes..
Mr. suman thakur
to what extent deviations from approved sanction plans are allowed pl advise
Dear Prakash, Legally No Deviation is allowed from approved sanction plan. If there is any deviation then u might face problem is getting completion and occupancy certificate from concerned authorities. Tks
Hi Nitin,
I would like to ask something regarding the property documents.
I have booked a resale flat in Mira rd, Thane. And i would be the “4th owner”. I have applied for the Loan in SBI and there a issue regarding the chain of aggrement papers. Bank is asking for the 2 more documents i.e “original agreement (registered)” and the “original canellation deed (registered)”, which happened between the “2nd Owner” and “Person XYZ” but due to some reason it did nt happened. And after the cancellation he sold it to “3rd Owner”. “2nd Owner” provided all the original documents to the “3rd Owner” except those 2 documents.
The “3rd Owner” purchased this flat on Cash and less bothered about the Papers/Documentations. Now he is selling his flat, to me, and my bank is asking for those documents, he approached “2nd Owner” and came to know that the “Sale of agreement” was submitted to registrar’s office to make the “Deed of cancellation”. And when he asked for the “Deed of Cancellation” the “2nd Owner” clearly refused to handover it to the “3rd Owner” by saying that it does not comes under the “Chain of Agreement” and it belongs to him as it is cancelled.
“2nd Owner” is a lawyer by profession.
The “3rd Owner” tried to find out some truth in the registrar’s office and came to me with the finding that the “cancelled sale of agreement” & “deed of cancellation” does not belongs to the “Chain of agreement” and asked me to convince the bank about that.
Could you draw some attention here please?
Thanks
Smeet Sinha
I will not suggest you to purchase this property if requested documents are not available. Whenever a property is sold all the previous documents “Chain of documents” become the property of new owner. 2nd owner does not have any right on any of original documents. Any ways its not your problem. You clearly tell 3rd owner to arrange all documents i.e. complete the chain of agreements. If he is not able to do so then you should not buy this property.
Hi Nitin,
I Have a question regarding the piece of land i brought. hope you can answer.
The Land was of total size 7392 Sq.Ft. and the link document is for the entire Land.
The owner sold 1/3 rd of it, that is 2464 sq.ft. to Other person registered the part on the mew owner name and gave xerox of link Document (as he holds majority of it).
Now, i purchased the same land from 2nd owner and registered on my name.
I am planning to apply for a home loan and construct a house. But, the bank is asking original link Document.
As Majority of the land is still held by Prime Owner, i cannot get the Link document.
Is there any other option for me to get the Loan.
Thanks in Advance,
Abdulla.
Hi,
1st you need to bifurcate the ownership of land with local development authority, which is called khatha or patta then only u can avail loan
Thanks & BR
Nitin
Thank Again Nitin.
Hi Nithin,
Its a pleasent surprise for me to see such a blog which helps us…I have one question..I am planning to buy 1500 sqft of approved plot in chennai sub-urb where the plot have a document history of 13 years, if i go for a loan the banker might ask me for a 20 year minimum document history, where I am not sure. Shall I go ahead and take this with a 13 year history. Awaiting your reply.
Joshua
9962009314
Hi,
I will not suggest.
Thanks & BR
Nitin
Dear Sir, Thanks a lot for compiling this list. Quick question : If i buy a plot(BMRDA approved /bangalore outskirts with LICHFL loan) does that imply LICHFL will do the due diligence and does it mean that plot is legally fine ? Or do i have to double check with a good lawyer.
Dear Chandra, LIC will do the macro level due diligence but the end of it, you should hire good lawyer to get all the documents checked for your satisfaction.
thanks a lot ! Macro level(done by LIC) does not cover all the points you have mentioned. Is that right sir ?
yes
Hi sir recently ihad purchased a plot in a huda approved layout but one thing first link document is misplaced by the first owner now iam the fourth owner I had only two link documents past from 11years can I go for a construction loan ? Please suggest me.
You shud have all linked documents to claim ownership. You may ask 1st owner to arrange certified copy of 1st sale deed and also put a notice in newspapers regarding loss of sale deed. I will not recommend to go ahead without completing this procedure.
hello sir please let me know whether are they any banks asking for only 11years link documents past of the house to be constructed for home extension loan.
It depends on bank but link documents are required from the date land records are available normally 70-80 years record.
Thank you
hai
may i know what is the use of link documents
It establish ownership chain of property and avoid any legal dispute
Dear Sir,
I am planning to purchase a flat in resale,
Owner got the possession 2 months back , still society has
been not formed
The estate agent is asking to follow below procedure
1.
To make mutual understanding documents to
mention the token amount, scheduled date for agreement & payment terms
2.
Agreement will be done after approx 2 months, as
the owner want to take benefit of tax on, selling the property after 3 years of
booking?
3.
By the time NOC document from builder will be
generated considering rupees 150/Sq. feet
4.
After completion of agreement & getting the
last payment cheque of loan amount from bank, owner will hand over the original
document of his agreement to me
5.
New agreement copy will be submitted to builder,
for changing the name/transferring the property to my name, as it will take
almost 2 years to complete the whole project & society transfer
Kindly suggest if any correction need to take
in process
Regards,
ag
The process is not looking OK. If owner has received possession then i don’t understand why builder is involved in 2nd sale transaction. Secondly, 100% loan is disbursed at the time of possession. Something fishy in this transaction. Broker is misleading you. Pls involve local property lawyer in this transaction.
Dear Sir,
the agent provided me the scan copy of “owners loan closure”
& few pages of sales agreement, which shows the property value of that time
secondly for other documents are with builder,which he will transfer on my name after getting the cash & then they will generate the NOC
normally what are the ideal steps, i should OR complete deal should follow
waiting for reply
Regards,
Ag
After possession & registration, builder cannot retain any document. It seems the seller has not made complete payment to builder.
Secondly, if loan is closed then all original documents must be with seller.
In my opinion, you should not handover any cash.
Sir last year I took home loan from lichfl,that time as a part of procedure lic done valuation of property, fees paid by me as a processing fee.that time they didn’t give me copy of it.now I have an requirement of that valuation report copy done in last year,I asked for lic but they refused to give it.will I get atleast xerox copy of valuation report ..
sachin shingate,
pune.
LIC HFL is not bound to share valuation copy with you. You can get the valuation done from independent certified professional.
I
don’t have any sale deeds of the initial land ones . I only possess the deed of
current one.
Will
there be any chance to get these old deeds/previous deeds from any government
office?
I presume these are being asked when we want to sell land.
Another question i had is that my wife got this land registered from her step mother in the name of gift registration and the document says all the rights are with my wife. Since she is step mother , will there be any chances of issues of land rights for my wife in future.
You can get certified copy of previous sale deeds from Registrar office provided you have details of sale deeds like Sale Deed Registration no, date etc. When you will sell, the buyer will definitely ask for originals.
If gift deed in your wife’s name then no need to worry as it certify complete ownership. Just check that gift deed should be registered in registrar office and secondly proper stamp duty is paid on same. Stamp duty is different for blood relatives and non blood relatives. In your wife’s case, she is not a blood relative of her step mother. Lastly, there should not be any financial transaction involved at the time of execution of gift deed otherwise it will be null and void if any of condition is not fulfilled.
Hi
Thanks for your reply. All the above are correctly done apart from stamp duty. Its registered in registrars office./ I got he old sale deds as well now.
The registration is done as if that my wife is her daughter(own) with a stamp duty of blood relative. All the copies like ration card specifies my wife as her daughter.I think this can be the reason it was registered with stamp duty as blood relative. No where in any of the documents its mentioned that she is step mother.I mean in all the evidences attached to the deed from my wife’s birth indicates that she is her mother. My wifes mother has expired after my wife is born(within one yr) and her father is married to another lady and from then and there the step mother is taking care of my wife .
Another question i had is that the step mother has another own daughter. Can there be any issues from her in future though the gift deed says is completely owned by my wife.
In my opinion, the stamp duty should have been paid by declaring your wife’s mother as “Step Mother”. Legally she is not biological mother of your wife and law will consider her as Step Mother only irrespective what is mentioned in documents. Moreover in all govt documents like Ration Card step mother is mentioned as “Mother” only. There is no provision to mention Step Mother in govt records.
Considering above point, if stamp deed is not paid for non blood relative since your wife’s mother is step mother. The biological daughter can challenge the technical validity of gift deed and court can declare the gift deed “Null & Void” on this ground.
Hi Nitin
Please let me know how to proceed in this case?
Do i need to pay extra stamp duty for this and reregister this?
Is there anyway if i hve to do reregister,can i do that without my wifes step mothers involvment as we now dont know where the people are and we dont have any contacts with them.
Please let me know if we have any alternatives to overcome such situations.
Different states have different rules in this regard. I am sharing standard process. You may hire local property lawyer, he will help you in this regard
1. Present your deficitly stamped instrument/document before any public officer or District civil court
2. Public officer or court will impound (hold) the Sale Deed.
3. You need to complete stamp duty along with the penalty else it will be declared Null and Void.
4. The courts can collect 10 times of penalty. e.g. if the underpaid stamp duty is Rs.20000/-. The court may collect Rs.20000/- (underpaid stamp duty) + Rs.200000/-(Two Lacs) being 10 times penalty on underpaid stamp duty.
5. Then you can present the document issued by court with penalty to District Register along with your sale deed & it will be adjudicated.
6. The Registrar got the discretionary power to levy a penalty minimum of Rs.5/- and the maximum of 10 times of the deficit stamp duty but a minimum of 3 times penalty will be definitely be levied in your case.
7. After collecting the underpaid stamp duty and penalty, the Collector will add a certificate under Section 42 of Indian Stamp Act, 1899, which is equivalent to payment of stamp duty.
8. The adjudication process and collecting process is called as Validation under Indian Stamp Act.
Hi Nitin, we are planning to sell our flat. We got the possession two months back.
Some amount of loan is also there on property. We have found a buyer ad he has provided us token amonut(Rs. 1L), but no agreement/affidavit is done for the same. Is there any document to be prepared for the same?
Also, Buyer is willing to take loan from the same firm from which we had taken loan. Can you please brief about the procedure and documents to be taken care of in this deal.
Thanks,
Janhavee
Sale agreement is executed at the time of exchange of token money but It is the responsibility of buyer to take care of complete documentation part so you don’t worry. From your part, pls keep photocopy of all the original documents related to property including the documents you have submitted to bank. Secondly, pls ensure you get NOC from your loan provider after loan is transferred in the name of new owner. Though you need to handover this NOC to buyer but keep photocopy with you for future reference. Thirdly, after 45 days kindly check your CIBIL score to confirm that lender has closed your loan account in CIBIL database. Lastly, pls take back all the cheques you submitted with home loan lender for availaing loan or you can give instruction to your bank to stop payment for those cheques.
Besides these 4 points, you need not to worry.
sir,
I want to sell my ancestors property. I do not have sale deeds. But we had municipal tax receipts, water bills, electricity bills with me. Kindly let me know the procedure to sell this property.
mail: Swamykv2001@yahoo.co.in
You should approach local tehsil office of your area where land records are available. Based on last land record available you can get the sale deed executed in your name, provided you are the only legal heir & have succession certificate. We need to check, in whose name last land record is available. You need to establish complete inheritance chain to claim the property. Without sale deed, you cannot sell the property.
Tax receipts, water bills, electricity bills etc does not establish ownership on property
Hi Nitin,
I have property with loan from a private Bank since 2004. Now I need to sellf off my property. Can I do that The buyer is ready to give me token amount so as to clear my outstanding loan. Alos please do let me know that in normally how many days Bank provide us with all our original documents including NOC, after paying full balance amount of loan to the Bank.
Regards
Prashant Sinha
Yes, you can sell your property. You will get original documents with 2-3 weeks time depending on lender.
Hi Nitin, Thanks for your article, It is really useful.
I am residing in Jind, Haryana. We are planning to buy home loan to construct already owned plot on my mother’s name.
My mother is housewife and does not have ITR files, so i will be applying alongwith her as a co-borrower. Registry which we are having is 5 years old. I consulted many advisors they are asking for 13 years previous details of property. So can you advise me some solution for such case.
13 years records are must to avail loan. You can visit local Tehsildar office of your area. You can get previous land records from Tehsildars office.
Hi Nitin, Have been reading your articles since about a month now and find them extremely informative and detailed. I was checking out a property (new construction) that I will get possession for in about 2 months time (end of Jan 2014). I have very little idea of how to go through the home purchase thing. I took a home loan out in 2007 for another flat but paid little attention to the process.
Could you please detail out a step by step procedure for buying a home through home loan? For e.g. Step 1: Give token through crossed check and take receipt for said amount, Step 2: Produce this to bank for home loan etc. I am a bit muddled on this, and would love for you to help out with simplified instructions so as to make sure this happens quick and easy.
Details: Eligibility is confirmed, mostly going through a govt bank for 80% of project cost. No black money involved.
Anticipating an early response from your end.
Please check my following post
https://www.nitinbhatia.in/home-loan/how-to-buy-house-with-home-loan/
Dear sir,
I gave advance for perchase of house in Hyderabad & Ec shows the details from 1999. Now documents such as waterbill, tax receipts, current bill ,current owner in Ec is the seller. But the sale done in yr.1985 was through notarized memorandum of sale to B & later in 1999 B sold it to c through registered sale deed and in 2000 c sold to D through registered sale deed to E who is the current owner of property . Pls. suggest can I go for perchase of the same ? or is there any problem with 1985 notarized memorandum sale dee?
It past, property transactions were executed through GPA or Notarized sale agreement…I don’t foresee any issue if current owner has all the original documents in place…Just include financial indemnity clause in your Sale Deed with current seller “E” to indemnify you from any legal issue due to this notarized Sale Agreement.
dear sir
Thank you very much
Hi I have all my property original documents except previous sale deed document, plz help me any alternate documents so that I can submit the bank.
Please help me this is my mail address
syedmardan@gmail.com
There is process to follow in case of lost property document. Register Police FIR that you have lost the original Sale Deed copy. You need to put a public notice in 2 newspaper (1 English and 1 Local language) mentioning that you have lost the property documents of your property through lawyer and if anyone has any objection then they can submit their claims within 15 days.
After this you can obtain certified copies of your Sale Deed from registrar office. You can submit court affidavit to registrar of co-operative societies that your original sale deed is lost to avoid any fraud. You can also request for duplicate share certificate from society by submitting Police FIR copy.
Submit all these documents to bank. I would suggest you to hire a good property lawyer who can help you in this entire process.
Hello Nitin
I am selling my house and buyer is insisting for documents for verification. Let me know do I need to take some token amount from him before giving Xerox copies for verification? or Do I have entered into an agreement with him. Please advice.
Thanks
Rupesh
You can take some token amount and issue 2 receipts on 2 Rs Stamp paper each (1 for buyer & 1 for your reference). In the receipt, Mention that you are handing over photocopy of property documents for verification to buyer & Token money is non-refundable.
Hi Nitin
Thanks for writing these great blogs. They really help a lot of people.
I have a query. I am in process of buying a 18 year old flat. I would be the 3rd owner. The first owner lost the original sale deed and provided the certified sale deed copy from registrar office to the 2nd owner. He attached police complain copy but no news paper notices are there. The property is now registered on the name of 2nd owner and we have original sale deed from 2nd owner and certified copy from 1st owner. All other documents including the EC are looking good.
Let me know is it good to go ahead with the purchase in this type of scenario.
There is proper legal process to be followed in case original document is lost. The objective of newspaper notice is to inform & invite any objection from General Public as such.
Though i will not suggest to go ahead but still if you wish to go ahead than you can do following:
1. Make 1st owner as the confirming witness in your sale deed with 2nd owner so that 1st owner or his/her legal heirs cannot create any legal trouble for you in future.
2. Get one clause drafted from property lawyer and insert in your sale deed that since 1st owner lost original sale deed therefore 2nd owner provide you blanket indemnity from any financial loss arising out of same in future.
Thanks Nitin for taking time to answer my query.
For the point mentioned by you.
1. The first owner stays out of India now and its not possible for him to be a witness in this case.
2. Yes the second owner is ready to provide all type of blanket indemnity. He is ready to sign bond paper accepting all responsibility.
Legally if 1st owner or his legal heirs challenge the validity of 2nd sale deed executed based on certified copy of lost sale deed than 2nd sale deed will be declared null and void thus indemnity of 2nd owner will not hold as principal agreement only stands null and void. This is my personal opinion but as i have not seen all original documents therefore request you to take final opinion from property lawyer who can check all documents before providing legal opinion.
In my opinion, if 1st owner cannot become confirming witness than you should not go ahead with this deal.
It is possible that property rate under auction is half of market rate. I will suggest you not to deal with brokers/agents rather directly approach the bank for auctioned property. Some of the imp documents are
1. All original documents submitted by defaulter with bank
2. Public Notice 13(2) & 13(4) under Sarfaesi Act
3. Two newspaper notice copy. One English and another vernacular/local language
4. Possession notice
5. Police Intimation
6. Sale Certificate from Bank
7. Sale deed in your name from the bank auctioning the property
8. Latest Encumbrance certificate in your name (Post sale deed registration).
It is advisable to hire a local property lawyer who can help in this process.
Nitin, I am buying a property in mumbai and the seller do not have original chain of agreements. There were 3 transactions before he purchase the flat. What do you suggest? Also he has not registered his agreement but has paid stamp duty.
I will not suggest to go ahead. I disagree with your lawyer, Public Notice is put for lost or misplaced documents but in this case there is no original document in place so what public notice we will put. Technically/Legally seller is not the owner of the property.
Moreover i could not understand that Stamp duty is paid but agreement is not registered. It is unlikely, Stamp duty is paid at the time of registration at registrar office. To pay stamp duty, buyer & seller has to present sale deed for registration at registrar office else registrar office will not accept stamp duty. it seems stamp duty is paid to obtain stamp paper like in case on rental agreement etc. It does not hold any value. For property transaction, stamp duty has to be paid in registrar office depending on transaction value and sale deed has to be presented for registration.
This kind of situation is common in rural areas where land records are still not computerized but i am coming across 1st such case in city like Mumbai.
Assuming seller is the true owner, what can he do to make this legitimate now. Can he go and register now? He bought this property from his sister who lives in same city. I have already made a token payment which is huge one and hoping bank to approve my loan. They gonna let me know on Monday.
Yes, he can register now by paying penalty but at the same time i am assuming his sister has original sale deed for transaction between her and owner before her. If she does not have sale deed then sale deed between brother and sister is not valid legally. Point is that there should be chain of events, if any event is broken in between then chain afterwards is not legally valid.
She has a xerox. Will that do? No one has original except current owner.
Nopes, it will not suffice…Xerox is just a piece of paper with no legal validity.
Thanks Nitin. So r we saying they will never be able to sell their house and there is no way to prove their ownership?
:) I am not saying this but either he will sell at very heavy discount as this is very high risk property or the buyer should have very high risk appetite for such property. The buyer will find very difficult or next to impossible to sell this property.
Moreover no bank will ever approve Home Loan for this property
Totally Agreed. If I were to buy this property at a discount then what additional paper work would you suggest to protect and be safe to own this one?
I would suggest you to
1. Take blanket financial indemnity from seller. Get it notarized.
2. Include financial indemnity clause in your sale deed.
3. Mention in sale deed that you are buying this property only in Good faith based on documents shared by seller
4. Make his sister as confirming party in your sale deed as she was owner before him.
Will public notice and FIR add anymore value?
No, I don’t think so. Public Notice and FIR are required in case the documents are lost. In your case, documents are not available so what will seller report in FIR or what will be the content of Public Notice.
Dear Sir , I am looking to buying a plot but they donot have link document as said old owner lost ,but in EC all record is there , so would you suggest can I purchase this plot
The owner should declare them “Lost”. Please check following post
https://www.nitinbhatia.in/home-loan/original-property-documents-lost-by-bank/
You may purchase, if the process mentioned in above article is followed by the borrower from step 4 onwards.
Hi Nitin, I have bought an apartment a few years ago. Unfortunately, the sharing agreement is not done yet. Now I am planning to sell this house. Just wanted to check if it is compulsory to have it for buyer to get loan approved. Thank Tushar
I am Sorry but i could not understand what do you mean by Sharing Agreement. As i correlate, it seems you are referring to Joint Development Agreement (JDA) i.e. agreement between builder and the land owner.
If you are referring to Joint Development Agreement then it is required for Home Loan else pls share more details on Sharing Agreement.
Hi Nitin,
I need a help from you. Pls provide your expert advise. I am buying a flat in Bangalore on resale. The present owner is the 3rd one, wherein the first owner had a sale agreement with Bulder and presently the original is lost. The builder had the copy of it and is it fine to take that copy and submit it to bank for loan? from first owner to second owner the property has been transfered on a memorandom? is it sufficient? also from second owner to third owner again its trandferred on memorandom. The third party has a sale deed directly with builder. The property is registered with third part name and EC and Khata certificate is with third owner name. Is it safe to buy this property?
You need to check how many times property is registered. If the property is registered only once and that too between 3rd owner and the builder & was not registered by builder in the name of 1st and 2nd owner then no need to worry. 1st and 2nd owner have simply transferred the property before registration. In my opinion, this is the case.
As i have not seen legal documents so better you hire local competant lawyer and get all documents verified.
Thank you so much for your advise. The property has been registered only between 3rd party and builder. Hence the property is in 3rd party name from last 12 years and same is verified by EC and Khata certificate. As I am applying for a home loan, the bank is insisting for transfer documents and sale agreements or transfer documents between builder and 1st owner, between 1st and 2rd owner. Is it compulsory to have these documents? Though 3rd owner doesn’t have these, he obtained all these copies from builder (who maintained all these documents) and submitted to bank. Now bank will check with their legal team and get back to us. My worry is what if they reject the loan what options I have left? because already sale agreement is made.
I don’t see any issue as such in your case if all the documents are provided to Bank. At the same time, it is mandatory to have all transfer documents to complete the transaction chain.
It is the responsibility of seller to provide all the legal documents related to property…You need not to worry at all..If your loan is rejected due to failure in legal verification of property, you will get entire token money back from seller.
Hi Nitin,
Can you tell me if a builder has the rights to sell his left property (which is some of flats and shop), where the property members (flat owners) have been registered and formed a society. do builder has the right still to sell the shop which is not sold earlier and also can sell the shop which is re-sale one. do he have rights to sell still.
Once the property is registered, Builder don’t have any rights on the property. He cannot sell the property after registration.
Any property which is not registered or unsold, Builder can sell even after society is formed.
I want to sell my property in new delhi but mother deed of the house is lost. how cani obtain duplicate mother deed?
You may check my following post. Process is similar to documents lost by bank
https://www.nitinbhatia.in/home-loan/original-property-documents-lost-by-bank/
Hi , Iam planning to take Loan against Property from a bank .
The plot and building against which iam planning to take the loan is donated to me by my mother after the death of my father . Is it mandatory to provide a legal heir certificat to the bank , when the sale / donor deed by my mother to me of the property in question has been furnished to the bank with all other reevant documents as asked by them .
grrao28@yahoo.com
GR RAO
Succession certificate (Legal heir certificate) is required if your mother has not left any WILL & you inherited property under Hindu Succession Act. If she has executed Gift Deed in your favor then Succession certificate is not required.
Hi,
I purchased a builder flat at new Delhi.. Registration date was 13th dec 2013.. All is via agent . On 13th after registration, he told me that 3-4 days will take and you will get your sale deed. After one week he told me that property was mortgaged and already loan is showing against the property so first registrar will verify whether loan is clear or not then he will release the deed… Please be noted regarding mortgage, I also have the bank no dues from the seller in which it is very clear that there is no more loan on that property…now its 6th feb 2013 but still i didnt receive my sale deed.. from more the 1- 1/2 month agent is saying tomorrow….
Kindly suggest me what to do.
Ref to our chat, it seems there is a Lien on your Property either due to default by seller or due to some court case/legal dispute. If this is the case then seller has sold the property fraudulently. I request you to approach Sub-Registrar office and find out yourself the reason for same. Immediately you should hire good property lawyer to handle your case.
Hi,
I am planning to Buy a property. The said property purchased jointly by (B & C ) from (A) in 1974. In 2009 both (B & C ) has done the partition deed and sold to (B to D) and (C to E) 2012. Now (D) is selling the property to (F).
1974 A —> (B & C) was Sale deed.
2009 Between ( B & C) was Partition deed.
2012 B —–> D is sale deed.
2014 D is selling to F, He has provided the Partition deed,(2009) and sale deed (2012) but he mentioned he dont have the Link document related to 1974. Would like to know is the link document is required to posses it.
Yes, Link document is required to prove ownership. The original sale deed executed in 1974 cannot be provided to 2 parties as the property was divided between B & C. Original must be with either B or C. Now, there is a possibility of following 3 scenarios
(a) Original is lost by either B or C
(b) Original with C and handed over to E by C.
(c) Original with B and handed over to D but D lost original
You need to find out which scenario is applicable then only i will be able to suggest what needs to be done.
Hi Nitin,
Kudos on the great blog, would require your advise on buying a property on the outskirts of Nasik (Deolali).
The seller is the first owner and only has a payment receipt and allotment letter from the developer (no stamp duty/ registration or sale deed)
Although the Seller seems to be genuine and has all the other necessary documents of the society viz. 7/12 extract, 6D extract, share Certificate, Commencement & Completion certificate, Latest Tax receipt of the Gram Panchayat and Society Registration in the Gram Panchayat.
Are these documents enough to buy the property which a bank can finance in the form of a home loan?
Thanks in advance.
The documents mentioned by you are project related documents which anyone can have. I would not suggest you to buy this property as it does not have Sale Deed, which establish the ownership over property.
You will not get Home Loan on this property.
Thanks once again for reverting with your expert advice. I am assuming that not getting a home loan is a big no no for buying the property even from my own fund resources.
However just a small query, is Electricity Bill, Maintenance Receipts and Share Certificate in the name of the owner combined with the above documents establishes the ownership of the property?
Regards,
As per the ruling of Honorable Supreme Court of India, Only registered Sale Deed establish the ownership of property. In case seller has lost original sale deed and has certified copy of registered sale deed then you may buy this property.
In notified rural areas, people have occupied lands illegally and then got electricity bill etc in their name with the help of local politicians without property registration. Without copy of Sale deed i will not recommend to go ahead even if all other documents are in place..
Thanks a ton….
Hello Nitin
Great job here.
As per your checklist the property i am planning to buy has everything in place except the mother deed. The banks are also willing to give the loan since it is a BDA property. But i am confused about the seller not having the parent deed but saying RR copy will be enough
What do you feel?
Thanks
You may go ahead. Pls ask seller to declare that parent deed is lost by him & also include financial indemnity clause from seller in your sale deed against the lost parent deed. Follow basic steps mentioned in following post (Start from Step 4 & follow steps relevant in your case i.e. in your case bank is replaced with current owner)
https://www.nitinbhatia.in/home-loan/original-property-documents-lost-by-bank/
Hello Nitin,
Thanks for the update . I spoke with our lawyer and understood that the owner has all documents in place. But only the parent deed of previous seller was not there.
All documents are up to date and we are also giving an advertisement in local newspapers for buying that plot to see if anyone has any objections.
Thanks
Its a right path..All the Best :)
Hi Nitin
First I would like to thank you for your informative blog.
I need a suggestion where I am purchasing a property which was 2 original sales deed and the oldest one dated 1989.
The property was sold twice before that for which we only have certified copy made in 1981.
The Seller had taken loan from ICICI bank which he has cleared.
Please suggest If I can go with the property as my bank is refusing give the loan asking for 40 year old original sale deed. my seller is ready to give Indemnity and Undertaking letter.
Thanks
You may check Encumbrance certificate of property. Also you may ask the seller to declare that old Sale deed is lost & tell him to financially indemnify you against the same in your sale deed to be executed with him. Since you have certified copy so i don’t foresee any issue.
You may follow basic steps mentioned in following post to declare original sale deed as “Lost” by current seller.
https://www.nitinbhatia.in/home-loan/original-property-documents-lost-by-bank/
Thanks for the advise Nitin, I have checked the EC for the last 56 years and it is clear and shows all the owners as they are mentioned in Certified copies and Sale Deeds. The Link you have provided has given me great clarity on my issue and has put my mind at ease…
Great…All the Best :)
Hi Nitin,
I bought land in NCR Delhi and the land was bought with chain of title from the previous owner which was missing. I have owned this land since 1991 and with clear title.
My question is how do I fix this error to sell the land without problems as some prospective buyers have mentioned this defect and show reluctance to buy.
I am assuming that you have certified copies of missing sale deeds else you may apply for Encumberance certificate. Through encumberance certificate you will come to know the details of previous transactions then you can apply for certified copy of missing sale deeds for your land.
Once you sort this out, you can declare the previous sale deeds as lost/misplaced from your end. You may follow the relevant steps as highlighted by me in following post (Start from step 4)
https://www.nitinbhatia.in/home-loan/original-property-documents-lost-by-bank/
It will resolve your issue. You may take the help of competant local Property Lawyer who can help you in declaring original property documents missing.
I am interested in buying a flat in Thane. The person i am buying are the land owners who had given the rights to the builder to develop it. They had a agreement between them in which some flats (including the one i am interested in) was allotted to the land owner by the builder on ownership basis. Now the agreement of sale draft sent to me says that the parties to the agreement are builder as ‘Promoters”, land owners as ‘Confirming party” and i as purchasers. Also, in some of the clauses in the agreement, its says that the promoter is selling to the purchasers. So the confusion is who is the actual owner of the flat and is the draft agreement OK? Please help. Thanks.
You may ask for JDA (Joint Development Agreement) signed between Builder and Land Owners. You will get clarity from JDA who is actual owner of your flat. Prima facie it seems that Builder is owner of your flat.
Hi,
I am Asif Inamdar from pune I am interested in purchasing the 1 bedroom property but the issue is that I am purchasing it from second owner and the documents of the builder to first owner(agreement) have been misplaced he has the certified copy of the agreement what should I do to buy this property..? please help me..
Please check my following post on Lost Original Documents. You may start from Step 4
https://www.nitinbhatia.in/home-loan/original-property-documents-lost-by-bank/
superb..thanks for the details, I think you have covered almost everything. thanks again. Cheers!
I am purchasing a resale flat and want to know , all the above documents needs to be origanl or it should be attasted xerox copies ?
Pls check following link
http://dxv9s14v9bi65.cloudfront.net/wp-content/uploads/2012/04/Documents-Required-for-Property-Purchase-or-Home-Loan.pdf
You may not get Home Loan on Property bought through Conditional Sale deed. NOC is not the proof of transfer of ownership. You need to sign rectification deed to correct this problem.
Thank you for your valuable feedback and social welfare awareness sir. Sir as i am not applying for home loan and i am mortgaging the property to take loan, so i will be mailing the 10 point conditional sale document provided by society to you, please do check and respond to my e-mail.
Regards,
Chethan Jagathap
Sir, by only going through sale deed it is not feasible to reach at any conclusion. I would suggest you to hire a local property lawyer who can check all the documents and suggest accordingly. Thanks
hii i have paid token money to the bulder for flat in mahim east mumbai.. bulder has alredy removed the money from bank .. we also given post dated cheques for month of march .. builder says that he will take us for agrement only after i paid 80% of the flat price along with the sanction letter of bank for loan .. he has already started removing money from bank .. i do not have any document from him till now .. loan agent asked me to ask him for tds certificate otherwise they will cut 1% from from my loan aMOUNT .. I ASKED MY BUILDER HE TOLD HE WILL GIVE THE DOCUMENTS AFTER REGISTRATION.. WHT TO DO.. TELL ME PLEASE..
You can demand xerox of all the project papers and also you must have signed Agreement to Sell & Agreement to Build with Builder while purchasing the property. Also you can demand payment receipts of all the payment made till now to the builder. As a borrower you have to deduct 1% TDS and it is your responsibility. I suggest, let bank deduct TDS from disbursement on your behalf.
Hi nitin please let me know the documents required to buy an auction property.Also the broker said because the owner wasn’t able to pay the emi so the property has gone for auction at half the property rate. is this possible.
Hello Sir,
I just have quick question. I had bought a property from society in the year 1992 they had given us conditional sale wherein they had mentioned condition as, The property should be used for only construction purpose and loan can be taken from any of the financial co. Govt bank etc. Then in 1996 society issued NOC stating, society does not have any objection in selling property or taking loan from any finance co and banks. My property is Bangalore development authority approved land and it is A khata land
My question is
Can financial bank can provide me loan against property, I have constructed a home in my plot
I checked with bank they told this is a conditional sale deed document so we can’t provide loan. So please let me know can I take loan against property by providing NOC doc.
Regards,
Chethan
hi,
i am planning to buy an old house. The problem is that the said owner got that house from his mother as a gift deed. there is no other earlier document is available that how her mother got that in her name. The said gift deed was registered in 1999. The EC taken since 1980 shows only one registration (on present owner name in 1999), the current bill is also on current owner name, the property tax also is on current owner name, the water bill is on his grandmother name. please suggest if i can buy this house? and can i get loan to buy this? if yes from which bank?
regards,
vishal
I will not recommend. You might find it difficult to get home loan.
Hi Mr Nitin,
Can you please elaborate your response, the reason for not recommending to buy, the risks involved and mitigation of the risks.
thanks
vishal
Electricity Bill and Property Tax etc in a persons name are not proof of ownership. It seems its a ancestral property and transferred from either Grand Mother / Grand Father to seller’s mother. As the mother sale deed is not available therefore in future legal heirs of Grand Mother / Grand Father may challenge the Gift Deed and stake claim in the property.
Even if original sale deed is not available, you may request seller to get certified copy from local Tehsil office or Sub-Registrar Office. In case Mother Sale Deed is never signed than there is no question of buying this property and is not recommended legally.
thanks Nitin ji, however the mother is the only daughter of the Grand mother. and this mother given gift deed to her 4th son. other 2 sons and 1 daughter (with her husband) are all ready to give NOC /Sign while selling the said property. please suggest if i can proceed? and if yes then what kind of writing i can take from all of them?
regards,
vishal
Pls make all legal heirs as confirming party in your sale deed. Secondly, you may follow process from step 4 in following article and get original “mother sale deed” declared as LOST by the current owner…After this you can buy
https://www.nitinbhatia.in/home-loan/original-property-documents-lost-by-bank/
sir how can i declare as LOST? even it is lost there will be records and also in EC (which currently shows only gift deed registration). as we know sale deed was never done. also i came to know that adjacent plot (presently house) also was haveing the same gift deed only by my current owner’s mother only.
If there mother sale deed was not executed, i will not recommend you to go ahead with this transaction. It can declared Lost only if it was executed but not traceable.
hi i am purchasing the flat and i will be the third owner flat is a resale flat and previous two owner have taken loan from same bank and all orignal documents should be with them but the orignal sale deed of 1st owner is not stil attached and bank is also not haveing record of 2006 so what should be done second owner have done internal BT with the bank so hew has not even seen the orignal of 1st owner so how to proceed further
Pls tell the seller to get list of documents with bank and share with you. It will clarify whether sale deed of 1st owner is with bank or not.
hey sir
can you plz help me i am not aware of all this thing but i want to purchase a flat in mumbai.and if their is any cheating done by builder or owner then how i recognise ,how to check property is legal. and what if agent also cheat with us?
thanks in advance.
You may go through my articles in real estate section. I tried to cover all the concerns raised by you. Also i suggest you to hire local competent property lawyer who can help you in purchase and verification of all documents.
Dear Sir,
Please note that I have a house of Ground Floor. Now I want to build 1st and Second floor(Partially).I want to take Home Loan of 11 Lacs. I have documents like Deeds, Succession certificate , Approved Plan, Updated tax receipt but BLRO Mutation and parcha has not done yet .In this situation, Is it possible for me to get Home Loan. My CTC is 7.30 Lacs. Please guide me.
Regards,
Without BLRO Mutation and Parcha it is difficult to get Home Loan. I suggest you to hire a competent local property lawyer who can help in this. As you already have approved plan and tax receipts, you will not face much difficulty in getting these documents.
Dear Sir,
I want to transfer my Home Loan, I have choosen IDBI for transfer,
Loan Sanction letter has been received.
Now the Bank is saying following as a mandatory requirments.
1) 0.2% of Loan amount as a Stamp Duty
2) Franking Notary Charges @4500rs.
3) Loan Insurance.
Pl suggest. all the above are mandatory
Its seems Point 1 is for Sale Agreement stamp duty, as you already have Home Loan & signed Sale Agreement therefore it is not required
Point 2 looks to be MODT charges which is normally 1% of loan amount and is mandatory. You need to pay this
Point 3: Loan Insurance is not mandatory.You may refuse the same.
Sir
I hv buyed a resale flat. I hv previously applied for sbi home loan bt they rejcted my file but at that time I hv askd noc from society and they gave the same for 35000 rs. But now as i hv applid for loan from axis and loan is ready to disburse but now the society is again asking for noc charges rs 35000
Pls help me
It is common practice in Maharashtra. I don’t think that to issue No Objection Certificate, Society is charging 35k. Please check Society By-Laws regarding same Also check whether amount charged is No Objection Certificate (NOC), Non Occupancy Charges (NOC) or Transfer Fees. Sometimes there is confusion between these charges
Noc charges 25000 and society donation 10000
Actualy i will get reciept of 25000 only and not of 35000
Association has to issue payment receipt even if it is donation to society. In short, it is Bribe. If you wish, you may complain to registrar of societies regarding same.
Hello Sir, I am second owner of my flat & now i am selling that flat..but second party (Buyer) is asking for first agreement between Builder and 1st owner for his loan purpose, but i am not having that documents, please suggest me any solution.
This document is required. You must have received this document at the time of purchase or it must be with the Bank from which you availed Home Loan. You may check with 1st owner regarding same.
hi
My name is Krishna. I have a question. I have a property which my father bought more than 30 years ago. My father passed away way back and around 2 years back my mother passed away as well. After my mother’s death, i came to know that we do not have any property documents. from the last 3 years i am not staying at that property. i am staying on lease at a different property and the my property is on rent. The electricity bill is under my name. we dont get water bills. i do not have siblings. Is there a way i can get my property documents. i have the electricity bills way back to the 1980’s as well. Its actually a chawl.I have prepared an affidavit that the property belongs to me. but i want to know if that is enough as a property document. i am not sure what needs to be done or who can help me getting a duplicate document of the property. The land where the chawl is situated belongs to trusty of a hospital which is behind. also i want to know hat are chances of redevelopment. Please help sir.
Affidavit is not a proof of ownership. You may check with Sub-Registrar office (If property was registered) or with Local Tehsil Office for records. Also if you know any owner in same locality who bought the house at the same time as your father than they can help you out i.e. what all documents were available at the time of purchase and how the property was transferred.
If the land is still in the name of trust than you cannot go for redevelopment.