INTRODUCTION

The operation of real estate was previously unregulated. RERA's implementation aims to safeguard
buyers or investors, which will increase their confidence. To monitor how it functions, it needs
authority and transparency. Actually, it now provides buyers with a clean slate and lowers the risk for
those who purchased or invested in real estate before to the Act's enactment. The Act makes clear
the contractual arrangement between homebuyers and builders. It outlines the procedure for
creating trust between suppliers and buyers. Even a state organization to supervise commercial and
residential real estate deals has been established. Home owners are now receiving their real estate
projects on schedule thanks to the RERA Act, which includes

BUYING A PROPERTY: REQUIREMENTS

India's real estate regulations are governed by both central laws and state-specific laws. This is thus
because "Land" is listed under the State List in the Indian Constitution, yet "Transfer of property and
Concurrent List items include document and deed registration. As a result, the purchasing procedure

and property registration can appear challenging. Act of 2016 on Real Estate (Regulation and
Development) and the Real Estate Regulatory Authority, also known as RERA, controls the creation,
promotion, and sale of real estate.

properties projects

It was created with the intention of defending the rights of real estate consumers.

sector. It established the Real Estate Regulatory Authority and the Appellate Tribunal as a means of
swiftly resolving disputes.2

Additionally, it requires all major actors and projects in the real estate industry to be registered. A
system of land registration is not contemplated by Indian real estate legislation.

The term "registration" refers to the legal paperwork used to transfer ownership from buyer to seller.
It is necessary to register all instruments and papers pertaining to land in accordance within 19083,
the Registration Act was passed. In India, the method for registering papers is clearly established,
and there is a strong government apparatus in place to register and manage these records. The 1899
Indian Stamp Act

regulates the payment of land-related stamp duty4

It makes up a sizable portion of the expenses associated with

The buyer is responsible for paying the state governments for property registration. Given that it is
gathered by the

Rates for state government differ from state to state.

The Transfer of Property Act, 1882, is the other law that affects the purchase and sale of property.

According to the Transfer of Property Act, a "sale" is the transfer of ownership in exchange for a price
that has been paid in whole or that has been partially paid5. The Registration Act of 1908, as was
previously noted, specifies that only registered documents may be used to transfer tangible
immovable property.6 The vendor is required to disclose to the consumer any material flaw in the
product under Section 55 of the Act. Any significant flaw in the asset or in the seller's title that the
seller knows about but the buyer is unaware of or that the buyer could not reasonably have found
out on their own must be disclosed to the buyer. Buyer has the option to seek damages for
misrepresentation or indemnity from the seller. Though the seller discloses all information about the
property as well as his title, the buyer should exercise due diligence and check the title of the seller

Legal considerations to make when purchasing a property

Purchasing real estate in India is a particularly difficult undertaking with many potential obstacles
along the route, including untrained brokers, title issues, complex tenancy regulations, the condition
of the actual property, and financing, to mention a few. Therefore, it's crucial that the entire process
is handled methodically to minimize the problems that come with it.7 . Although the specific
regulations governing the selling of the property may differ slightly between jurisdictions, a builder
or promoter must have a few permissions and paperwork.

whether or not they provide apartments. When buying a condo from a developer, the following legal
documentation should be reviewed:

or Title Deed Verifying the seller's title is a crucial initial step in your search for a property. Title is the
legal term used to express ownership of a right to something. The term "title" symbolizes ownership
when referring to a piece of property in the context of real estate, which suggests that you have the
right to utilize it.

2. Completion/Occupancy Certificate: After the project is finished, local authorities issue a

Completion Certificate (CC). This document is necessary to apply for water and electricity
connections as well as bank loans.) A completion certificate is any other certificate, by whatever
name called, issued by the competent authority attesting to the fact that the real estate project was
built in accordance with the sanctioned plan, layout plan, and specifications, as authorized by the
competent authority in accordance with local laws.

3. habitation Certificate: A local government agency issues an OC after a project is finished and
judged appropriate for habitation, which means that it has been constructed in line with the
relevantcodes. This document is necessary to apply for water and electricity connections as well as
bank loans. Occupancy certificate refers to the occupancy certificate, or any other certificate by
whatever name called, issued by the competent authority allowing occupancy of any building in
accordance with local laws, which provide for civic infrastructure such as water, sanitation, and
electricity.

4.A building or site plan is a design for the project that shows how the housing spaces and utilities
will be arranged. The buyer must use due diligence to confirm that the local municipal government
has given the proposal its full approval. According to the Real Estate (Regulation and Development)
Act of 2016, a sanctioned plan is any plan that has been approved by the relevant authority prior to
the start of a real estate project. This includes the site plan, building plan, service plan, parking and
circulation plan, landscape plan, layout plan, zoning plan, and any other plan that includes structural
designs, if applicable.

5. Encumbrance Certificate: The sub-registrar's office where the property is registered is where you
can get an encumbrance certificate. It states that the property is currently free and clear of all
financial and legal obligations. It is critical to confirm that the seller is legally the owner of the
property, that they have your permission to sell the property to you, and that there are no
outstanding obligations on the property (such as property or other taxes, energy or water bills).
Details of each transaction made on a particular piece of land are included in an encumbrance
certificate. The subregistrar's office where the deed was registered is where you can get an
encumbrance certificate.11 Applying for an encumbrance certificate from the time of purchase till
the present is advised.

6. Although not necessary by law, a no objection certificate can be obtained from the society.

7. Patta, Khatha, or Mutation: A mutation occurs when the ownership of a piece of property is
transferred or sold from one person to another.12 By changing ownership of a property, the new
owner has the property's title documented with the land revenue department under his or her
name, enabling the government to collect property taxes from the legal owner. One needs to
complete the mutation and obtain the new. The revenue records kept by civic organizations like
municipalities, panchayats, or municipal corporations now include updated owner information.

CONCLUSION

All of these papers are crucial links in the chain of paperwork needed to buy a house. It is advised
that you proceed with caution if any of these records are lacking or the seller is unable to provide
them.

One shouldn't buy the apartment because they might have trouble selling the house. If the building
is
One can attempt asking the builder for a copy of the RERA if they are qualified to receive an approval
from RERA.

for the project in question, an approval order. Many people typically have a dream of owning a
home. Purchasing a home,

Wherever it may be, the process will take a very long time. Wherever it may be, the process will take
a very long time. T s. Prospective homeowners face a number of obstacles, including needing to deal
with brokers, tenancy rules, and even property issues, aside from financing. Every procedure and
document should be double-checked because even the smallest mistakes could get you into trouble.
The only solution is to submit your papers with extra caution.

Therefore, it is entirely the responsibility of the buyer to confirm the property's title, ownership, and
possession.