Once you identify the plot you plan to buy, you should ask the seller or owner for following documents:
1. Parent document/ Mother Deed. It is an important legal document by which one can that trace the antecedent ownership of the property from the start. This document also helps in the further sale of the property. If Mother deed is not available or any of part is missing it should be obtained from the registering authorities. This document also gives information about the change in ownership of the property, be it through sale, partition, gift or inheritance.
2. Sale deed/ title deed: It is the main legal registered document. It acts as a proof of sale and transfer of ownership of the property from the seller to the buyer. Buyer should check whether all the statutory payments such as property tax, water charges, cess, electricity charges, maintenance charges, society charges, etc are settled by sellers before the execution of sale deed and also check that title is in the name of the seller and he has the full right to sell it. It should also be checked for various compliances of terms and conditions. See original document and not just a photocopy.
3. Conveyance Deed: It is a legal document having transferring legal rights of ownership of immovable property from one person to another.
4. Encumbrance Certificate: In this document details of all the registered transactions of property are available during the period for which certificate is received. This document can be obtained from the sub-registrar's office where the deed is registered. It states that the land is not having any legal issue and dues. It can be obtained by submitting a copy of the Sale Deed along with Form 22, a non-judicial stamp and prescribed fee and by submitting it to the jurisdictional sub-registrar's office. In Form 22 all details of property like complete address, property survey number, property location, the sought period, property description, its measurements and boundaries should be mentioned.
5. Power of attorney (POA): By this document property owner can give authority to any other person on his/her behalf. Owner can either give a Special Power of Attorney (SPA) or a General Power of Attorney (GPA). You should check that the person is going to sign the purchase agreement has power of attorney in his/her name.
Note: Only the person having either the encumbrance Certificate or the power of attorney in his/her name can sign on purchase agreement.
6. Patta of Land Document: Patta is a legal document and also called as record of rights. it is issued by government in the name of the owner of a particular land plot and should be verified. This document has all details about the property like history of property ownership, size, etc.
7. Conversion Certificate: If land is changed from agricultural land to non agricultural purpose then a conversion certificate is also required. That is issued by the competent authority. After this, a request is made by the competent revenue authority for issuance of NOC to the Department of Town and Country for the conversion of land for residential purpose.
8. Building approval plan: Approved building plan should also be checked and collected whing you are going to buy any land.
9. Khata Certificate and Khata Extract: Khata is an account of a person owning a property and consists of Khata Certificate and Khata Extract. A Khata Certificate is required for the registration of a new property and the transfer of a property. Khata Extract is obtaining the property details from the assessment registrar.
10. Development charges receipt: Recipt of Development charges paid by the owner are also required to be checked at the time of buying a property. These charges are usually fixed.
11. Loan on property: You should also check that the loans on the land are repaid with a release certificate issued by the bank.
12. Latest tax paid receipt: Receipts for property tax bills should also be checked to avoid any legal complications in future. You should ask the seller for the latest original tax paid receipts and bills and check the details of the owner's name, the tax payer's name, and the date of payment on the receipt.
13. Physical site survey – It is also advised that you should visit site yourself before buying it and also to check the specifications provided by seller.
If the seller is hesitant to provide these documents, proceed with this land with caution.
You can take help of the government land surveyor in exact measurement of plot boundaries and to match with the sale deed.
If a neighboring plot owner encroached small amount of the land and built a structure but it is not reflected in the documents, in this case again you can take help of land surveyor for exact measurement of plot area.
Land buying procedure is almost same in every state but there may be difference in document requirement and name of the document may also differ state to state.