Download App app-link

Guide to authenticating Ownership of a Resale Property

Guide to authenticating Ownership of a Resale Property - (A)

Buying a resale property comes with its own benefits and challenges. While you have access to a strategic location, disputes related to real estate transactions due to property rights are not uncommon.

Have you zeroed out the resale property you want to buy but don’t know how to authenticate your property? No freight! We are here to help you meet this challenge so you can verify that your dream home has the correct title.

Sale Deed

The first step in establishing ownership of a resale property is to ask the previous owner to provide legal documents related to the property.

The deed of sale is the most important document to determine who owns or has rights to the property. The deed is based on fixed value extrajudicial stamp paper as determined by the state government. It should include details such as:

  • Property price
  • General conditions agreed by the parties
  • Payment history
  • Personal data of the parties
  • Property location / construction details

There have been cases in which criminals have used false extrajudicial documents to commit fraud. Therefore, it is advisable to hire a legal advisor who can review the sales contract on his behalf to prove the legal status of the document.

No Objection Certificate

Perform a series of verifications requesting documents that show that there are no violations or pending litigation. Checking this box will not penalize you for changing the design in the future. You are also not obligated to make unpaid contributions from the previous owner. This would include:

  • Examine the approved construction plan to see if there are any deviations from the plan approved by the government agencies in your state and the government agency that sold you.
  • NOC from the housing company authorizing the transfer of ownership with the original ownership letter and share deed
  • A record that reflects past bill payments such as property taxes, utility bills, water bills, maintenance costs, phone bills, gas bills, and other utility bills up to the date of ownership
  • General Power of Attorney if you are buying a property from a proxy of an owner who lives outside of India

Debt Status

Did the previous owner obtain a personal or private loan on the property? Has it been deleted? It is advisable to apply for an LWOP issued by the previous owner’s bank so that he can obtain a mortgage-free property. Obtain proof of authorization in case the landlord has borrowed money from a private lender, family, or friends.

Encumbrance certificate

If you plan to purchase the property through a home loan, or if you want to apply for a loan against a property, you will need a letter of commitment. EC will help determine legal ownership of the property and verify that it is debt-free.

These are the characteristics of this certificate:

  • Keeps track of all financial transactions that have been recorded against the property over a period of time
  • While government agencies and lending institutions charge a 10-15 year fee, the buyer can request a fee statement review for up to 30 years.
  • One person must submit the request for payment to the clerk’s clerk’s office.
  • The authorities take between 15 and 30 days to carry out the necessary controls and issue the certificate.


Home Loan   Loan Against Property    balance-transfer    Business Loan    Personal LoanMudrahome App               


Recent Posts