Author: Radhaanjana S, SASTRA Deemed University

Buying a home is one of the most significant financial decisions in a person’s life, and in India, it becomes even more complex due to the layers of documentation and legal compliance involved. Property fraud, unclear titles, and improper approvals continue to be common issues faced by homebuyers. Therefore, verifying property documents before finalising a purchase is not merely advisable—it is essential. This blog explains the key documents every buyer must check, the legal importance of each, and practical steps to safeguard yourself from title disputes and fraudulent claims.

The most crucial document in any property transaction is the title deed, which proves the seller’s ownership. Buyers should obtain the latest sale deed, gift deed, partition deed, or other ownership document through which the seller acquired the property. It must be registered with the Sub-Registrar’s Office.

A thorough title search for the past 30 years is recommended to ensure that the chain of ownership is clear and uninterrupted. This also helps detect issues such as mortgages, court cases, family disputes, or fraudulent transfers. Buyers can request a certified copy of the title deed from the Sub-Registrar to authenticate its legitimacy.

An Encumbrance Certificate reflects all registered transactions that affect the property. Issued by the Sub-Registrar, it helps buyers determine whether a property is free from financial liabilities such as mortgages, loans, legal claims, or court attachments.

• Form 15 indicates the presence of encumbrances.  

• Form 16 indicates a clean record (no encumbrances).

It is recommended to obtain the EC for at least 10–30 years to ensure that no hidden transactions exist.

For buyers in Tamil Nadu, certain land revenue documents are essential for verifying land ownership and classification:

• Patta – Proof of ownership issued by the Tahsildar.  

• Chitta – Indicates whether the land is nanjai (wet) or punjai (dry).  

• Adangal – Provides cultivation and land usage details.

These documents can be verified online through the Tamil Nadu e-services portal or at the Taluk Office.

Before purchasing land or a building, ensure that:

• The layout is approved by CMDA, DTCP, or LPA.  

• The building’s construction plan is approved by the municipality or corporation.

Unapproved layouts or unauthorised constructions can attract demolition notices, refusal of approvals, and penalties. Buyers must cross-check approval numbers on official authority websites.

A Completion Certificate certifies that the building was constructed according to the approved plan. An Occupancy Certificate confirms that the building is safe for occupation after complying with structural, fire safety, and environmental norms.

Without these certificates, banks may refuse home loans, and authorities may deny electricity, water, or sewage connections.

Ensure the seller has cleared all property tax dues. Unpaid municipal taxes may later be passed on to the buyer.

Also verify electricity, water, and sewage bills to ensure there are no arrears or hidden liabilities.

Under the Real Estate (Regulation and Development) Act, 2016, all eligible projects must be registered with the respective State RERA authority.

A RERA certificate provides project details, builder credentials, litigation status, and complaint history. Buying non-RERA registered property increases the risk of fraud and delay.

Depending on the project, several NOCs may be required:

• Pollution Control Board  

• Fire Department  

• Electricity Board  

• Water and Sewage Department  

• Environmental Clearance (for large projects)

These ensure compliance with safety and environmental standards.

After verification, a Sale Agreement is executed, outlining payment terms, possession date, and conditions. The final Sale Deed must be registered at the Sub-Registrar Office.

Under the Registration Act, 1908, an unregistered sale deed has no legal validity.

Hiring a property lawyer ensures thorough examination of documents like title deeds, EC, approvals, and litigation history. A written Title Opinion protects buyers from future disputes.

Buying property is a major milestone, but it carries risks if proper precautions are ignored. By verifying documents, ensuring RERA compliance, checking tax history, and consulting a property lawyer, buyers can avoid fraud and protect their investment. An informed buyer is always a protected buyer.