If you are planning to buy a property, be it commercial, residential, or plot, then you should know that in a recent case, the Supreme Court gave a ruling stating that registry alone does not grant ownership of a property. To establish true ownership of a property certain documents are required. Which are they? Here’s a list of documents that you need to have in order to establish true ownership of the property.
List of Legal Documents Required to Prove Property Ownership
1. Registered Sale Deed
One of the most important documents, the Sale Deed must be registered at a sub-registrar’s office. This legal document shows that the property ownership has been transferred from the seller to you (the current owner). Example: If you purchased a flat from Mr. Sharma, the registered sale deed with your name proves the transaction took place.
2. Mother Deed
Mother Deed is the second most important document, as it shows the complete history of property ownership, and thus called the “chain of title.”
A Mother Deed is the primary document that establishes the ownership of a property and traces the entire chain of title back to the original owner. It’s essentially the root deed that serves as proof of ownership for all subsequent transactions. For example, if someone sells a property, the transaction is recorded on the mother deed, which will then be updated in the title deed.
3. Title Deed
A Title Deed, on the other hand, is the document that proves the current ownership of a property. It reflects the latest transfer or sale of the property and is often used in legal or financial transactions. For example, when you buy a house, the title deed will show you as the legal owner.
In short, the Mother Deed is the foundational document of property ownership, while the Title Deed confirms the current legal owner.
4. Possession Letter
Issued by the builder or previous owner, this document confirms that you have taken physical possession of the property. Example: In a new apartment, the builder hands over a possession letter once construction is complete.
5. Payment Receipts
It probes that you’ve paid the full consideration amount for the property. Bank transfers, cheques, or builder-issued receipts all count as evidence and helps avoid disputes over partial or fake payments.
6. Occupancy Certificate (OC)
Issued by the local municipal authority, this certifies that the building is ready for occupation and complies with all construction norms. Especially, if you buy a flat in a high-rise, an OC proves the structure is legally approved for living.
7. Completion Certificate (CC)
CC or the Completion Certificate is Issued by the municipal authority. This document confirms that the property or building has been completed as per the approved building plan. Without it, the structure may be considered unauthorized.
8. Encumbrance Certificate (EC)
This document confirms that the property is free from any legal or financial liabilities like unpaid loans, mortgages, or court cases. Before buying a flat or house, getting an EC ensures it’s not pledged as collateral to a bank.
9. Property Tax Receipts
These confirm that all taxes related to the property have been paid up to date by the current or previous owner. It also helps establish a clear legal and municipal record.
10. Utility Bills (Electricity/Water)
Bills in your name serve as practical evidence of possession and usage. Regular payment history supports claims of actual ownership.
11. Mutation Certificate
Issued by the local municipal body or revenue department, this records the change of ownership in local land or property records. Essential for paying property taxes in your name.
12. Khata Certificate
A Khata Certificate is issued by the local municipal body and records the property details in the city’s revenue records. It is essential for paying property tax, obtaining building permits, or for selling the property. Without a Khata, you can’t prove that your property is officially recognized by the municipal authority.
13: Patta Certificate
A Patta is a land ownership record issued by the revenue department. It contains details like the owner’s name, survey number, subdivision, and area of land. It’s crucial for proving lawful ownership of land, especially in rural or semi-urban areas. For agricultural or vacant land, Patta is often the most important document. It distinguishes between government land and private land and helps avoid encroachment or legal issues.
14. Allotment Letter
Issued by the housing board, builder, or development authority showing initial allocation to the first owner. Important in cases of flats bought in housing schemes like DDA or MHADA.
15. General Power of Attorney (GPA), If Applicable
If the property was purchased through a representative, the GPA must be registered and valid. It is not a substitute for sale deed but adds legal context to transactions done through an agent.
16. Agreement to Sell or Sale Agreement (if available)
This document outlines the terms and conditions agreed upon before executing the sale deed. It proves helpful in establishing buyer-seller intent, protecting buyers against fraud.
17. NOC (No Objection Certificate) from Authorities
NOCs may be required from the housing society, builder, or government departments (like fire, water, or environment) depending on the nature of the property.
18: NOC (No Objection Certificate) from Heirs
A No Objection Certificate (NOC) from legal heirs is essential when a property owner passes away without a will. It confirms that all rightful heirs consent to the transfer, ensuring the buyer faces no future disputes or claims. This document helps establish clear ownership, simplifies registration, and protects the buyer from legal or financial complications down the line.
If you are struggling to get these documents, consider taking help from a legal advisor. However, if you want to buy an apartment in Gurgaon, where you can get complete assistance during the home-buying process, then visit Inframantra. One of the best real estate companies in Gurgaon, Inframantra offers best deals on premium properties across the prime locations of the city with top-notch homebuying services without any brokerage. So, what are you waiting for? Connect with Inframantra and book priority site visits now.
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Why Property Registry Is Not Enough to Prove Ownership in India?
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✍️ Written By: INFRAMANTRA