1. Conveyance Deed or Sale Deed - This is a deed document by which the title of property is conveyed by the seller to the purchaser. Conveyance is the act of transferring ownership of the property from the seller to the buyer. This document will help you ascertain whether the property which you are buying is on land belonging to the society/builder/development authority in which the property is located.

2. 7/12 Extract - -This is a document issued by a Tehsildar or the concerned land authorities giving details such as the survey numbers,area,date from which current owner is registered as owner.

3. Index II – This is a document issued by the office of the Sub-Registrar of Assurances. It mainly mentions the names of the sellers & purchasers of a property for which the document is registered.

4. Search Report & Title Certificate – Title certificate is issued by an advocate after conducting a search on the title of the property, which is intended to be purchased. The title certificate would state if the property is unencumbered and has a clear marketable title. This search report and title certificate can be obtained from one’s own advocate or if the search has already been conducted by the current owner then one can have his/her advocate inspect these reports to ascertain the title of the property. This search on the title of the property is taken for a period of the last 30 years. It is mandatory for the developer to annex a copy of these reports in the “Agreement for Sale” with the intended purchaser of the flat. These documents would state whether the title to the property is clear, marketable and free from encumbrance. In other words, it would state whether or not there is any existing mortgage.litigation, condition or claim, which is likely to affect the title of the buyer adversely.

5.Non Agriculture Permission -  If the land under consideration is agricultural and if one intends to develop the said land for residential/commercial/industrial use, then such agricultural land has to be converted to non-agricultural land and an Non  Agriculture Order has to be obtained  from the Collector of the District where the property is located. Along with this, one needs to take the latest receipts evidencing the payment of Non Agriculture Tax. In cases where the conversion from agricultural use to non-agriculture use is not done within stipulated period then, there should be an order from the concerned authority extending the period.

1. Development Agreement- This is an agreement entered into by the builder with the landowner. It contains details regarding the terms and conditions on which the landowner has permitted development of his property. This is where landowner engages a third party(i.e. the developer)to develop and build on their plot of land. This agreement is generally accompanied by a Power of attorney in favour of the developer.

2. Approved Building Plan-The building plan made by the developer needs to be approved by the Municipal Corporation or the concerned authority. The approved building plans need to be checked necessarily.

3. Commencement Certificate- This certificate is given by the Municipal Corporation permitting the developer to begin contruction.This is done once the plans have been approved.

4. Completion/Occupation Certificate –This Certificate is given by the concerned authorities to the developer once the said building is complete in all respects and fit for occupation.

1. For premises being purchased in a registered co-operative society-when one sets out to purchase a flat in a registered co-operative society the documents that needs to be checked initially are?

The share certificate issued by that society in favour of the owner. This would
ensure that the owner is recognized by the society.
Previous chain of original conveyance/sale deeds. If the deed has been lodged
for registration, then one should ask for the certified true copies of such
conveyance, sale deeds etc along with the original receipt of the Sub-Registrant
where the document has been lodged for registration. C. Original stamped
for payments made to the previous sellers.

Previous chain of agreements with past owners in original with original receipt
of registration (if any)/original letter of allotment issued to the first owner by
the development authority. In case the latest agreement is pending registration
the original receipt issued by the sub-registrar acknowledging the pending
registration needs to be taken along with a certified true copy of that
agreement.
Original stamped receipts of payments issued to the previous and present
owners by the builder/development authority/society.
Transfer permission from the respective authority i.e. development
authority/society. Copy of approved plan & occupation certificate issued by
competent authority (like the Municipal Corporation)

Payments of Stamp duty followed by the registration of the agreement are two important acts when one enters into an agreement with a developer/seller. Both, the developer/seller and the purchaser need to be present at the Sub-Registrars office for registering the agreement.

1.Stamp Duty – Stamp duty is a State subject and hence would vary from state to state. The stamp duty in many states is paid as per the True market value as assessed by the Stamp Office. When an agreement is to be stamped, it needs to be unsigned and undated and after the Stamp Office affixes stamps on the agreement, one may execute the agreement.

When one sets out to sell a flat in a registered co-operative society the documents that may be required to be provided for the perusal by the purchaser would be as follows-

A Copy of the share certificate issued by that society in favour of the seller.
Previous chain of original conveyance/sale deeds. If the deed has been lodged for
registration, then one should provide a copy of such conveyance, sale deeds, etc.,
along with a photocopy of the receipt of the Sub-Registrar where the document has
been lodged for registration.
Copies of stamped receipts for payments made to the previous sellers.

If the flat is a resale or the Society has not been registered or the flat is originally allotted by development authority, copies of the following documents may be made available to the purchaser for perusal –

Previous chain of agreements with past owners in original with original receipt of
registration (if any)/original letter of allotment issued to the first owner by the
development authority. In case the latest agreement is pending registration, the
original receipt issued by the sub-registrar acknowledging the pending registration
needs to be shown along with a certified true copy of that agreement.
Original stamped receipts of payments issued to the previous and present seller by
the builder/development authority/society.
Transfer permission from the respective authority i.e. development
authority/society.
Copy of approved plan & occupation certificate issued by competent authority
(like the Municipal Corporation)

When one sets out to sell a flat in a registered co-operative society the documents that may be required to be provided for the perusal by the purchaser would be as follows-

It is tax, similar to sales tax and income tax collected by the government, and must be paid in full and on time. If there is delay in payment, it attracts penalty. A stamp duty paid instrument/document is considered a proper and legal instrument/document and such gets evidentiary value and is admitted as evidence in courts. Instruments/documents not properly stamped are not admitted as evidence by the court.

What is Registration of Property Documents?

Registration is the process of recording a copy of a document, transferring the title in immovable property to the office of the Registrar.

Registration acts as proof that a transaction has taken place.
The registration of a document serves as a notice of the transaction, to the persons affected by the transaction. Registration also serves as an implied notice to any person subsequently acquiring interest in the property, covered by the registered document.

When a document, which is compulsorily to be registered, is not registered, it fails to confer any title given by the document.

The real purpose of registration is to ensure that every person dealing with property for which compulsory registration is required, can confidently rely on the statement contained in the register, as being a full and complete account of all transactions by which the title may be affected. A certificate of Registration is mere evidence that a document has been registered. It is not proof that it has been executed.

When the execution of a document is directly in dispute between two parties, the fact that the document is registered is not sufficient to prove its genuineness. Registration does not automatically dispense with the necessity of independent proof that the document was executed.

Legal Documents

Disclaimer:
These legal forms and documents are draft agreements and are for reference only. Any agreement that you enter into, should be in consultation with a Solicitor or an Advocate. PropertyExchanges.net does not take responsibility for any claim arising out of the use of any of the below mentioned draft agreements.