Kanoon SamjhoIndian law, made simple
Property & Rent

What should I check before buying land or a flat?

Simple answer

Check that the seller truly owns it and can sell it: past title documents, an encumbrance certificate (no loans or cases), approvals and, for new projects, RERA registration. Then pay stamp duty and register the sale deed. Only a registered sale deed makes you the owner.

Real-life examples

Arjun was buying a resale flat in Chennai. The encumbrance certificate showed a bank loan still registered against it. He asked the seller to close the loan and get the bank's release before signing the sale deed.

Neha bought a plot in Delhi through a 'GPA, agreement to sell and will' to save stamp duty. The Supreme Court has held that such deals do not transfer ownership. She is not the legal owner until a registered sale deed is made.

Sanjay's builder asked for 20% of the price before signing any agreement. Under RERA, a builder cannot take more than 10% before a registered agreement for sale.

What should you do?

  1. 1Get copies of all title documents, ideally for the last 30 years, and have a property lawyer check them.
  2. 2Get an encumbrance certificate from the Sub-Registrar's office (online in many states). Check that land records, mutation and tax receipts are in the seller's name.
  3. 3Check approvals: sanctioned building plan, completion or occupancy certificate, and land-use or conversion permission for land.
  4. 4For a new project, check its RERA registration and status on the state RERA website.
  5. 5Make sure every owner and co-heir signs, and pay through the bank, not in cash.
  6. 6Pay stamp duty, register the sale deed at the Sub-Registrar's office, then apply for mutation in your name.

Exceptions & limits

  • Agricultural land: many states restrict who can buy it, or require permission before it can be used for building.
  • Some small projects are exempt from RERA registration. For these, do extra checks on approvals and the builder's record.
  • Tribal land, government-allotted land and property attached by a court usually cannot be freely sold.

Official legal reference

  • Transfer of Property Act, 1882 — Section 54

    A sale of immovable property worth ₹100 or more needs a registered deed; an agreement to sell alone gives no ownership.

  • Registration Act, 1908 — Section 17(1)(b)

    Documents that create or transfer rights in immovable property worth ₹100 or more must be registered.

  • Real Estate (Regulation and Development) Act, 2016 — Sections 3, 13

    Projects (except small exempt ones) must be registered with RERA before being sold; builder can't take over 10% before a registered agreement for sale.

  • Suraj Lamp & Industries Pvt. Ltd. v. State of Haryana (2011)

    Supreme Court: GPA, agreement to sell and will do not transfer ownership; only a registered sale deed does.

Where to get help

NALSA Free Legal Aid

Free lawyer and legal advice for eligible people through Legal Services Authorities.

Source & status

Applies to
Varies by state
Stamp duty, registration fees, online land records, encumbrance certificates and limits on buying farm land differ by state. Check your state's registration and revenue department websites.
Law in force since
1 Jul 1882
Legal review
Draft — awaiting lawyer review

Educational information, not legal advice for your case. Exact facts and the law that applies matter — speak to a lawyer before acting.

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