What documents are required when purchasing a residential house legally

A complete guide to the essential legal documents needed when purchasing a residential house in India. Understand ownership proof, approvals, and registration papers before making your move.

bayshoreroad

Jun 21, 2025 - 15:05

What documents are required when purchasing a residential house legally

Buying a residential house is a major financial and emotional investment. However, its not just about selecting the right location and amenitiesthe legal paperwork is equally important. Proper documentation ensures that the transaction is valid, lawful, and protects you from future disputes. This guide walks you through the key legal documents required when purchasing a house in India.

1. Sale Deed

The Sale Deed is the most crucial legal document in a property transaction. It serves as the primary proof of ownership and is executed after the final agreement between the buyer and the seller.

It contains details of the buyer, seller, property location, payment terms, and date of transfer.
Must be registered with the local sub-registrars office.

2. Title Deed / Mother Deed

A Title Deed confirms the sellers legal ownership of the property. It traces the history of ownership and ensures that the property has a clear, marketable title.

Verify that the chain of previous ownerships is continuous and legally recorded.
A legal expert should vet the title deed to avoid future disputes.

3. Encumbrance Certificate (EC)

The Encumbrance Certificate ensures that the property is free from any legal dues or mortgages.

This certificate can be obtained from the sub-registrars office.
It confirms that there are no existing loans or legal liabilities on the house.

4. Building Plan Approval

A house should be constructed in accordance with the sanctioned building plan approved by the local municipal authority.

Ensure the seller has followed all regulations as per the local municipal body.
Illegal constructions may lead to demolition notices or fines.

5. Completion Certificate (CC) & Occupancy Certificate (OC)

These two documents certify the legality and safety of the building.

Completion Certificate confirms the house has been built as per the approved plan.
Occupancy Certificate is issued by the municipal body to confirm the house is ready for habitation.

6. Property Tax Receipts

Check for the latest property tax payment receipts to ensure there are no pending dues.

Verify that the seller has paid all taxes up to date.
Ask for at least the last 3 years receipts.

7. Khata Certificate and Extract (for Karnataka and other states)

This document is crucial for property registration and transferring ownership in the municipal records.

Khata is an account of the property assessment.
Required for obtaining electricity, water, and other civic amenities.

8. Allotment Letter and Possession Letter (if buying from builder)

When purchasing a house from a builder or housing authority:

The Allotment Letter contains details of the property, price, and payment schedule.
The Possession Letter is given once the builder hands over the property.

9. No Objection Certificates (NOCs)

Some housing societies or authorities require NOCs from various departments like water, electricity, environment, and fire safety.

Especially required for resale properties or builder flats.
Helps ensure that the property complies with all safety and civic norms.

10. Home Loan Documents (if applicable)

If youre taking a home loan, additional documents will include:

Sanction letter from the bank.
Loan agreement.
Disbursement letter.
Bank's lien on property (if mortgaged).

11. ID and Address Proof of Buyer and Seller

Government-issued documents like PAN card, Aadhaar card, or passport are mandatory for both parties.

PAN card is essential for transactions above ?50 lakh.
These are also needed for the registration process.

12. Registered Agreement to Sell

This is a preliminary document before the sale deed and outlines the intent to sell and buy, along with conditions agreed by both parties.

Helps protect the buyer during the waiting period.
Should be notarized or registered.

Final Thoughts

Buying a residential property is not just a dreamit's a responsibility. Verifying and securing the right legal documents protects you from fraudulent deals, encumbrances, or future legal hassles. Always consult a legal expert or property advisor to cross-verify the documents before making the final payment.

Having the correct paperwork gives you peace of mind and full ownership rights, making your investment safe and legally secure.