Contact Info

Our Location

Delhi Office

11/11 West Patel Nagar
New Delhi 110008,India

Gurugram Office

22 Ashoka Crecent Marg , DLF Phase 1
Gurugram 122002,India

Mumbai Office

2301,Chanderlier Count,Upper Worli
Mumbai 400018,India

Precautions to take when buying a property

Navigating the complex terrain of real estate transactions demands a keen understanding of both legal intricacies and market dynamics. Whether you're a first-time homebuyer, an experienced investor, or a developer, ensuring that your real estate dealings are legally sound and strategically advantageous is paramount. From verifying property titles to scrutinizing seller credentials and compliance with zoning regulations, each step in the process carries significant legal and financial implications. At ASA & Partners, we provide comprehensive legal counsel and support, guiding you through every phase of your real estate journey to ensure a seamless and secure transaction.

When buying a property, taking precautions is crucial to safeguard your investment. Begin by thoroughly examining the property's title deeds and ensuring they are clear of any encumbrances or legal disputes. Verify the seller's identity and financial standing to prevent potential fraud or undisclosed liabilities. Additionally, conduct a comprehensive inspection of the property to assess its structural integrity and compliance with local building codes. Finally, ensure all necessary regulatory approvals and documentation, such as occupancy certificates and tax clearances, are in place before finalizing the purchase. These precautions not only mitigate risks but also provide assurance that your investment in real estate is secure and legally compliant.

1. Title Check

Step-1 Verify Title Documents: Check sale deeds, gift deeds, wills, etc., proving title transfer.
Step-2 Nature of Title: Determine if it's leasehold or freehold.
Step-3 Development Rights: If applicable, verify the development agreement and power of attorney.
Step-4 Registration: Ensure all documents are stamped and registered with the concerned sub-registrar.
Step-5 Khata Registration: Confirm it's in the seller's name.
Step-6 Litigation: Check for pending or past litigation.
Step-7 Original Documents: Ensure the seller has the original title documents.
Step-8 Sale Deed: Register it with the concerned sub-registrar.
Step-9 Ownership Proof: Examine the sale deed carefully.
Step-10 Clear Title: Ensure the property has a clear title.
Step-11 Statutory Payments: Verify all bills and taxes are settled before executing the sale deed.

2. Verification of Seller's Identity

Step-1 Seller's Status:Confirm residence status, nationality, and required consents.
Step-2 Joint Ownership: Identify all owners.
Step-3 Entity Ownership: Verify documents if the seller is a company, trust, etc.
Step-3 Registration: Ensure all documents are stamped and registered with the concerned sub-registrar.
Step-4 Court Orders:For minors or those of unsound mind, ensure court permission.

3. Conversion and Land-Use Permissions

Step-1 Land Use:Check if the property is approved for non-agricultural use.
Step-2 Zoning Plan: Ensure compliance with the Master Plan.

4. Construction Approvals

Step-1 Building Plans:Verify the building/layout plan is sanctioned.
Step-2 NOCs: Obtain NOCs from relevant departments.

5. Occupancy Certificate

Step-1 Occupancy:Ensure the seller has obtained the occupancy certificate

6. Tax Payment Status

Step-1 Property Taxes:Confirm no default on tax payments.
Step-2 Utility Bills:Verify all utility bills are paid

7. Encumbrance

Step-1 Encumbrance Check:Search for any registered encumbrance on the property.

8. Physical Survey

Step-1 Survey:Conduct a physical survey to confirm property boundaries.

9. Compliance Under RERA

Step-1 RERA Registration:Verify the property is registered with RERA
Step-2 Developer's Record:Check for any complaints against the developer.
Step-3 Broker Registration:Ensure the broker is RERA-registered

10. Loan Outstanding

Step-1 Loan Clearance:Request the seller to clear any outstanding loans
Step-2 Loan Transfer:If applicable, transfer the seller’s loan to your name.
Step-3 No Dues Certificate:Obtain it before purchase.

11. Construction Quality

Step-1 InspectionCheck walls, window frames, flooring, etc
Step-2 Developer's Record:Research the developer’s construction quality
Step-3 Super Built-up Area:Understand the actual usable area versus the total area.

12. Rental and Resale Value

Step-1 Future Value: Assess rental and resale potential.
Step-2 Locality Research:Evaluate accessibility to infrastructure and connectivity.

Come & Be a Part of Our New Family

Our Location

Delhi Office

11/11 West Patel Nagar , New Delhi , 110008


Gurugram Office

22 Ashoka Crescent Marg , DLF Phase 1 Gurugram , 122002


Mumbai Office

2301, Chanderlier Court ,Upper Worli , Mumbai , 400018

Office Number

+91 98111 01222

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011 - 4565 - 1322