1. Establish who owns the property and can sell it
Start with the seller’s identity and the registered documents through which ownership passed to them. Your lawyer should examine the chain of title, not just the latest sale deed. The appropriate search period depends on the land’s history; a standard document pack may miss an inheritance dispute, defective partition or restriction on transfer.
For a resale flat, match the owner’s name, apartment number, area description and undivided share in the land across the documents. Inherited property, joint ownership and sales through a power of attorney need additional scrutiny. Establish whose signatures and consents are necessary.
For developer sales, examine ownership of the underlying land. Where a landowner and developer have a joint development arrangement, the agreement, power of attorney and allocation documents should establish who can sell that particular apartment.
2. Check land use and the building’s approvals
Ask for the land records relevant to the site, the conversion order where agricultural land required conversion, and the sanctioned building plan. The lawyer should confirm the applicable land-use permissions and identify the competent planning and local authorities. A familiar Bangalore postal address does not establish jurisdiction.
Land conversion and building sanction answer different questions. Neither substitutes for the other. Where the site’s history warrants it, investigate acquisition notifications, grant restrictions, access rights and planning reservations.
Compare the flat being sold with the sanctioned plan: block, floor, apartment position and permitted use. An enclosed terrace or extra floor is not acceptable merely because someone has paid property tax on it. Material discrepancies may also require an architect or engineer’s assessment.
3. Verify the correct Karnataka RERA registration
For a project required to register, search the Karnataka RERA portal yourself. Match the registered phase, promoter, survey numbers and completion timeline to the apartment offered. A large development can have separately registered phases; registration of one does not establish compliance of another.
Review available approvals, project updates, extensions and relevant orders. Ask the lawyer to investigate litigation and regulatory proceedings separately. RERA registration is a disclosure and accountability framework, not a government guarantee of clear title or timely completion.
For a promoter sale covered by RERA, the promoter cannot accept more than 10% of the apartment’s cost as an advance or application fee without first entering into and registering an agreement for sale. Examine booking and cancellation terms even when the initial payment is smaller.
4. Understand what khata and the EC actually establish
A khata is a municipal property assessment record; it is not a title deed. Verify the applicable record with the relevant local authority and match its property identifier, owner details and description. An electronic khata changes the record’s format, not the need to investigate ownership and approvals.
Do not treat an A-khata label as comprehensive legal clearance, or a B-register entry as proof that every defect can be regularised. Ask what the classification means for this property and which underlying issues remain unresolved.
An encumbrance certificate, or EC, reports registered transactions captured for the searched property and period. A nil EC does not rule out every claim, dispute or liability. Check the search identifiers and period, and read it alongside the title documents.
| Document | Main purpose | Important limitation |
|---|
| Title deeds | Trace ownership and transfer rights | The entire relevant chain needs examination |
| Sanctioned plan | Shows approved construction | Actual construction may differ |
| RERA record | Provides project disclosures and status | Must match the correct project phase |
| Khata and tax receipts | Support municipal assessment checks | Do not establish clear title |
| EC | Helps trace registered transactions | Does not capture every possible claim |
| Occupancy certificate | Confirms permitted occupation within its scope | Must cover the relevant building or portion |
5. For completed flats, verify occupation and dues
Obtain the occupancy certificate from the competent authority and verify its authenticity and coverage. A partial OC may not cover your block or floor. A possession letter, utility connection or occupied neighbouring flat is not a substitute.
For resale purchases, obtain current property-tax receipts, association dues statements and details of pending major expenditure. Ask who holds the original title documents. If the seller has a mortgage, agree a documented loan-closure and document-release process with the lender before payment.
6. Close the gaps before signing
- Match the schedules: The agreement and sale deed should accurately describe the apartment, land share and agreed parking-use rights.
- Check financial obligations: Record the full consideration, additional charges, payment milestones and responsibility for outstanding dues.
- Resolve project finance: Where the land or project is mortgaged, obtain the lender documentation needed to release the apartment from that charge.
- Get a written legal opinion: Separate unresolved defects from documents that can be supplied before registration, and specify conditions for proceeding.