Resale Flat in Bangalore: Which Documents Prove Ownership, Approval and No Dues

For a resale home in Bangalore, the owner's papers have to do four jobs. They must prove a lawful title and show that no lender has a hold. They must also confirm that the building was approved and that no dues are outstanding. This guide goes through each paper in turn, with the reason for it, and ends with a method of testing the documents against each other.

The Papers to Request

Ask the owner for the following, taking copies first and seeing originals later:

1. All the title deeds, beginning with the mother deed and ending with the owner's purchase deed
2. An up-to-date encumbrance certificate spanning the whole title period
3. The e-khata, with recent property tax receipts
4. The sanctioned plan and the occupancy certificate
5. A loan closure letter from the bank, where the owner had borrowed against the flat
6. A no-dues letter from the owners' association

Registration offices issue certified copies of deeds. An encumbrance certificate is applied for on the Kaveri portal or in person.

How Ownership Is Traced

The series begins with the mother deed of the land, and the builder's title and the first sale of the flat come next. The last item is the deed that made the current owner the holder of the flat. Each seller must show up as the buyer in the preceding deed, and any hole in the sequence needs an answer.

Thirty years of history is what a lawyer commonly wants. The way the owner acquired the flat adds to the list:

• Inheritance calls for a death certificate, a will or family tree, and the agreement of the remaining legal heirs.
• A gift or settlement calls for the registered deed that made it.
• A partition calls for the registered deed that assigned the flat to the owner.
• A sale handled by an agent calls for a registered power of attorney that is still in force.

Looking for Loans and Charges

An encumbrance certificate lists the registered sales, mortgages and releases for the period selected. A mortgage that is not followed by a release is the usual sign of an open loan, and the period should reach to this month.

That certificate can miss a loan, since a bank may lend against deposited title deeds. Two safeguards help: personally inspecting the original deeds, and checking the central registry where lenders record their mortgage claims.

If a home loan is still being repaid, the originals are with the bank. The owner should then obtain a letter from the bank showing what is still owed and which documents it holds. The bank issues a clearance letter and releases the deeds after the final payment.

Evidence That the Building Is Approved

The sanctioned plan records what the authority permitted, and the occupancy certificate records that the completed building follows it. Lenders ask for both, and both prove that the unit, its floor and its tower are lawful.

Check the flat against the plan during a visit. Balconies that have been enclosed, a new room or a moved kitchen could be changes without approval. Projects registered under RERA have their plans on the state's RERA website, along with the occupancy certificate once complete.

A deed of declaration for the building gives the portion of the land and of the shared areas that belongs to each flat. That portion must equal the one in the owner's purchase deed.

Khata, Property Tax and Bills

A civic record of the property and its owner is what the e-khata is. Where the Greater Bengaluru Authority governs the area, a sale is registered only if the e-khata is valid and carries the owner's name. Compare its flat description and area with the purchase deed.

Property tax must be paid through the current year, as any arrears remain with the flat and become the new owner's problem. Power and water bills that stand paid in the owner's name round off this section of the file.

What the Association Provides

An owners' association letter should confirm that maintenance is cleared to date, give its transfer fee and explain how the incoming owner is registered. Arrears tend to be collected from the person who owns the flat, so the letter keeps the buyer from paying someone else's bills.

It is worth asking for the association's latest accounts and meeting minutes. They indicate the repair fund and any works or special levies on the way. Have the bay assigned to the flat confirmed in writing too, as it is a frequent subject of disputes after a sale.

Reading the Papers Against Each Other

All of these documents describe a single flat, so their details should line up. Take the deeds, the encumbrance certificate, the e-khata and the tax receipts, and compare the following:

• The owner's name as spelt, with initials and the name of the father or spouse
• The flat number with its floor, block and project
• Built-up or carpet area, whichever the deed gives
• The undivided land share
• Survey number plus the land's boundaries
• The parking space, where a deed names one

When something does not match, settle it before paying. Affidavits and rectification deeds correct spelling variations, and a request to the civic body can fix the area on an e-khata. A hole in the chain of title that nobody explains deserves far more concern.

Originals, Copies and the Right Order

Copies are enough for a first read by the lawyer. Prior to registration of the sale, the buyer or the lender must see the originals, and a certified copy helps if an original seems altered or has been lost.

Do the paperwork before paying the token. A lawyer's title opinion usually needs a week or two, at very little cost next to a flat. At registration the buyer should collect each original deed of the chain, plus the owner's loan closure papers.

Once the file is complete, the sale agreement, a housing loan and registration follow. Our team can help with shortlisting resale homes and collecting the papers from owners early on.