Legal Documents and Checklist to Verify Before Buying an Apartment in Kerala

Buying an apartment of one’s own is a dream for many people. Since a significant portion of your wealth will be invested in this process, it requires utmost caution and careful planning. Before owning your dream apartment, it’s important to ensure that you properly understand all the required paperworks and documents needed to claim your ownership. 

You should also make sure that no complex legal issues come your way. Therefore, the legal and financial aspects must be properly understood. The apartment you are planning to buy should not have any kinds of debts or court cases. You must prioritize financial planning, assessment, investigation, and funding arrangements, among other things before owning the apartment. 

In this blog, we will talk in detail about the legal documents or checklist to verify before buying an apartment in Kerala.

Understanding Property Documents

Buying or investing in an apartment takes a great portion of your wealth. Any mistakes made along the way may put you in serious difficulties. Therefore, it is essential to proceed with caution while buying an apartment.

Remember that even if your flat is a physical asset, ownership cannot be proved just by a claim to ownership. Numerous important real estate documents should support your claim to the apartment. 

By getting competent legal counsel, closely examining the documentation, and verifying all pertinent property information, you may ensure that your investment provides security and peace of mind.

List of Essential Documents for Buying a Property in Kerala

We have listed the essential documents to verify before buying a property in Kerala below. 

• Title Deeds/Prior Deeds

A title deed or prior deed, is an important document that provides proof of a sale. This gives you legal evidence of ownership and changes the seller's title to the property. Usually, this is carried out both before and after the terms and conditions are met. The property's description, location, borders, and purchase price are all included in this document. It must be registered with a sub-registrar in order for it to be considered legally valid. When you apply for a loan, the banks typically demand this. 

• Building Permit (for projects that are under construction) or Occupancy Certificate (for ready-to-occupy)

If the property is currently under construction, the building permit from the local authority is essential. It guarantees that the development follows the rules and regulations in the state and verifies the legality of the construction of the property. The occupancy certificate is essential for ready-to-occupy apartments. The local government authority issues the Occupancy Certificate or Completion Certificate. Obtaining the OC is essential for residential, commercial or rental uses of the project as it proves the property is fit for use.

• Encumbrance certificate (EC)

This document indicates the property's free title and ownership and states that no outstanding debts or legal obligations exist over it. It is acquired from the concerned Sub Registrar's office and should be verified for a time period of up to 30 years. To guarantee that the property is free of loans, mortgages, and legal difficulties, the EC is necessary.

• Land Tax Receipt

This document, which is released by the relevant land authorities, includes information such as survey numbers, area, and date, based on which the present owner is listed as the owner and whether or not the mutation has been made in his name. Sometimes the landowner might not have the tax receipt with him. In these situations, get in touch with the village office using the land's survey number to find out who the original landowner is.

• Possession Certificate

A possession certificate is issued from the Village Office, which is a formal declaration of ownership for a piece of property. The possession certificate serves as the foundation for a property's inclusion in the revenue records.

• RERA Registration

It is mandatory that developers register their projects with the RERA authority. Therefore, the buyer should confirm whether the property has been RERA-registered or not. Every state's RERA provides information on any complaints that have been made regarding the project. 

• Location Sketch

The location sketch is an essential document that is issued by the local village office. It ensures the location of the plot marking the boundaries of the said property.

• Approved Building Plan From The Local Authority

Before buying an apartment, it is necessary to double-check the approved building plan, among other documents. A building plan is often approved by the concerned local authorities like Corporation, Municipality or Panchayat. This document will give you an idea about the entire development coming in that particular plot. You need to make sure that the building or project's layout has received the necessary approval from the local government. Any new or unapproved development carries the danger of being later denied occupancy or demolished.

• No Objection Certificate (Fire, Pollution, Aviation)

No objection certificates are provided for any project in Kerala by the Fire Department, Pollution Control Board and Airport Authority of India (Aviation Clearance). The developer should have the required NOCs, depending on where the property is located.

• Electrical Inspectorate Sanctions

Proper sanction should be obtained from the Kerala State Electricity Board, submitting the scheme and drawings in advance of a project. Ensure whether all the sanctions are obtained from KSEB for the project coming up to avoid later delays in power allocation and charging.

• Bank Approvals

A bank approval certificate for a project confirms that no legal complication exists and the title is clear for marketing. Project Approval by different banks reduces the buyers tension in verifying each document minutely, since the advocates of each bank had already scrutinized all these documents and approved the project for financing. Always check how many banks have approved a project, so that your risk for legal complications is very much reduced.

Also Read: How to Choose the Right Builder for Your Dream Home

Final Thoughts

Purchasing an apartment is a significant financial investment that requires careful paperwork for several legal procedures. An organized document system is essential to a successful apartment purchase. Among these documents are the construction plan approvals, building permit, occupancy certificate or completion certificate, various NOCs from government departments, encumbrance certificate, possession certificate, tax receipt, selling contract, title deed etc. While buying your property, these documents will provide evidence of your ownership. Along with properly understanding the importance of this paperwork, it's crucial to follow essential legal procedures and get expert opinions. To simplify the process of going through complex paperwork, you may consult an expert real estate professional or property consultant. To conclude, buying an apartment from an established and reputed builder will save you a lot of time and help reduce long-term mistakes and other legal complexities. Partner with Desai Homes to buy your apartment and experience the epitome of luxurious living!

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