Asked by a reader in Bengaluru

What should I actually verify before buying a flat or site in Bangalore?

Answered by Advocate Sharan Jain··RERA & Homebuyer Disputes

Legal Shorts · 77 words

Before paying an advance, ask for the title documents and follow how the seller acquired the property. Check the registered transactions, approved layout or building plan, land-use position and any existing loan. For a covered development, compare the promoter's promises with the RERA disclosures and agreed completion dates. The seller's duty to disclose material defects does not replace your own checks. Have mismatched names, boundaries and missing approvals resolved before the payment timetable puts you under pressure.

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Nearly every property dispute I see could have been avoided at the due diligence stage, usually for a fraction of what the litigation later costs. Here is the checklist, in the order it should be done.

1. Title flow

Trace the ownership back, ideally thirty years, through the mother deed and every subsequent conveyance. You are looking for gaps, unexplained transfers, partitions without all parties, and inherited property where every legal heir has not signed. A single missing heir can unsettle the whole chain.

2. Encumbrance Certificate

The EC from the sub-registrar, for at least the last thirty years, shows registered transactions and charges. It reveals mortgages and prior sales. It does not reveal unregistered agreements or oral arrangements, which is why it is a starting point, not a clearance.

Do not wait for the seller to hand you one. In Karnataka you can pull it yourself through Kaveri Online Services, and our guide on how to view an encumbrance certificate online walks through the screens, the fee basis and the property details you have to enter. Order it on the exact schedule in the deed rather than an approximate survey number.

3. Khata and tax

Check the khata and its type, and property tax paid receipts up to date. A khata means the property is on the municipal record for a lawful, approved property; B khata indicates a property recorded outside the regular register, which affects loans, plan approvals and resale.

Within BBMP limits this is no longer a paper question. e-khata is mandatory for registration, and sub-registrars have been directed not to register a transaction without it, so confirm the seller already holds a valid e-khata before you part with an advance rather than discovering the gap on the day of registration. Both A khata and B khata properties are eligible for e-khata, so the seller producing one tells you nothing about which register the property actually sits in.

4. Approvals

  • Approved building plan and sanction from the competent authority
  • Commencement certificate, and for a completed building, the occupancy certificate
  • Conversion order, where the land was originally agricultural. This is the one people skip
  • Where applicable, the layout approval and release of sites

Where the land was agricultural in origin, the conversion order under Section 95 of the Karnataka Land Revenue Act, 1964 is the document that decides everything downstream, and it should be read with the RTC and the mutation extracts, which you can pull yourself from the Bhoomi portal of the Revenue Department. A layout formed on unconverted land does not become lawful because sites in it have been bought and sold for twenty years.

5. RERA

For an under-construction project, check the RERA registration and read what the promoter has declared: completion timeline, approvals uploaded, litigation disclosed, quarterly progress. It is public and frequently more candid than the brochure.

In Karnataka the register sits with K-RERA, where you can search the project by name or registration number, check whether the agent selling to you is registered, and read the promoter's own quarterly updates. Then do the search most buyers never do: look through the Authority's published orders for the promoter's name and for the project. Findings already recorded against that promoter are worth knowing before you pay rather than after.

Two habits worth keeping
First, verify before you part with any advance, because a token advance is where negotiating power ends. Second, insist on a public notice inviting claims before completion in any transaction where the title chain has a soft spot. It is cheap, and it flushes out claimants while you can still walk away.

6. Physical and possession checks

Match the survey number and boundaries on the ground against the documents, confirm who is in physical possession, check for tenancy, and look for pending litigation affecting the property or the project.

  • Mother deed and the full chain of title, ideally thirty years
  • Encumbrance Certificate for the same period, read line by line
  • Khata certificate and extract, and the e-khata where applicable
  • Latest property tax paid receipt
  • Sanctioned building plan and commencement certificate
  • Occupancy Certificate, which is not the same as possession
  • K-RERA registration number, verified on the Authority's own site
  • Approved layout and conversion order where the land was agricultural
  • NOCs: fire, lift, water, electricity, and the society or association
  • Latest bank release or no-dues letter if the property was mortgaged

7. The file you should end up holding

Every item below should be in your file before the balance consideration moves, and the deeds should be certified copies obtained from the sub-registrar rather than photocopies handed over by the seller.

  • Mother deed and every intermediate conveyance in the chain
  • Encumbrance certificate for the full period, and a fresh one taken in the days immediately before registration
  • Khata certificate, khata extract, e-khata and property tax paid receipts
  • Sanctioned plan, commencement certificate, and occupancy certificate for a completed building
  • Conversion order, RTC and mutation extracts wherever the land has a revenue history
  • Current survey sketch, checked against an actual measurement of the site
  • Death certificate, legal heir certificate and a dated family tree wherever the title has passed by inheritance
  • Release deed and the lender's no dues letter for any mortgage that appears on the encumbrance certificate
  • Association or society no dues certificate, share certificate and maintenance account, for an apartment
  • Identity documents and PAN of every seller, and of every person whose signature the deed will need

What it costs and how long it takes

Title examination on an ordinary Bengaluru flat is usually a matter of a week or two once the papers are in hand, and the professional fee for it is small next to the price of the property. The real money moves at registration. Stamp duty and the registration fee are charged on the consideration or on the guidance value, whichever is higher, at the slab the state has fixed, and both the slabs and the guidance values are revised from time to time. Have the figure worked out for your specific property rather than budgeting from a percentage somebody quoted you. Where the consideration crosses the threshold set under the Income-tax Act, 2025, which replaced the repealed Income-tax Act, 1961 with effect from 1 April 2026, deducting tax at source and depositing it is the buyer's obligation, not the seller's.

Getting the sequence right

Diligence first, then an agreement to sell that records the price, the payment schedule, the date for execution of the sale deed and the consequences of default on either side, and only then the sale deed itself. The difference between a sale agreement and a sale deed is worth understanding before you sign the first of them, because the agreement is where all your leverage lives and the deed is the only document that actually transfers ownership. Tie each instalment to the seller producing whatever is still missing, and pay by banking channel throughout.

Sources

The law this answer relies on, so you can read it yourself.

  1. 1.Transfer of Property Act, 1882 - 55(1)(a)-(c) Read the source
  2. 2.Real Estate (Regulation and Development) Act, 2016 - 4,11,19 Read the source
  3. 3.Real Estate (Regulation and Development) Act, 2016. Official consolidated text on India Code, the Government of India repository of Central Acts. Read the source
  4. 4.Section 95, Karnataka Land Revenue Act, 1964. Bare text of the provision on conversion of agricultural land for non-agricultural use. Read the source

The short answer's sources were checked on 12 September 2026. Statutes and judgments can change, so check the current position before you act on anything here.

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Go deeper on this

This answer is the short version. These guides cover the same ground in full, with the procedure, the timelines and the leading cases.

SJ

Answered by

Advocate Sharan Jain

Advocate based in Bangalore, practising before the Karnataka High Court and District, Sessions, Consumer and Family courts. Answers public legal questions to make Indian law more accessible.

This answer is general information on Indian law as at August 1, 2026, published for public education. It is not legal advice, it does not take account of your facts, and reading it does not create an advocate-client relationship. Law changes and every case turns on its own circumstances. Please consult a qualified advocate about your own matter.

People also asked

Property & Real Estate

What is an encumbrance certificate and how do I get one in Karnataka?

An Encumbrance Certificate reports transactions found in the registration records for the property and period searched. It is useful, but a clean result is not a guarantee that the seller owns the property free of every claim. Check the property description and search period carefully, and read the underlying deeds where something appears. Request the certificate through the responsible registration department. Compare the certificate with the title chain and loan documents before relying on it for a purchase.

Property & Real Estate

The seller says it is a B khata property. What does that mean for me?

A B record signals a municipal recording issue that needs investigation before purchase. It does not cure missing planning approvals or establish ownership. Ask exactly why the property is in that category and obtain the supporting land, layout and building records. The official framework sets conditions for obtaining A-Khata status. Do not accept a promise that conversion will happen after you pay. Have the present status and any proposed corrective steps checked against the current official requirements.

Property & Real Estate

Is a sale agreement enough, or do I need a sale deed?

A sale agreement records the promise and terms of a future sale. It does not, by itself, make you the owner. For an ordinary flat or site purchase, ownership is transferred through the registered sale instrument. Paying the price or taking possession should not be treated as a substitute. Check the seller's title and the agreed registration date, and preserve proof of every payment. In a covered RERA project, the agreement itself also has statutory registration requirements.

Property & Real Estate

The builder has not given possession of my flat. Is that a consumer case or RERA?

If the promoter misses the agreed possession obligation, RERA provides remedies that differ according to whether you withdraw or stay in the project. A qualifying homebuyer may also have a consumer remedy for deficient housing services. Gather the agreement, payment records, promised date and the promoter's explanation for delay. Decide whether you want possession or a refund before choosing the claim. Disclose any existing proceedings and amounts received so that the remedies are coordinated and the same loss is not recovered twice.

Property & Real Estate

The builder has handed over the flat but not the khata. What can I do?

Ask the builder to identify what prevents the khata from being issued and provide the missing documents. In a covered RERA project, the promoter has duties concerning the completion or occupancy certificate, conveyance and handover of documents. A complaint can seek compliance with those duties. Keep the agreement, handover record and unanswered requests together. Also check the municipal application itself, because a processing problem and a missing project approval need different action. Possession alone does not complete every obligation.

Property & Real Estate

The sub-registrar refused to register my sale deed because there is no e-khata. What do I do?

Ask for a written refusal and the precise document the registrar says is missing. Section 71 of the Registration Act generally requires recorded reasons for refusing registration. A refusal on grounds other than denial of execution can be appealed to the Registrar within thirty days. Meanwhile, check the final eKhata process and your property's record with the responsible municipal office. An oral statement at the counter is not enough to assess the legal position or protect an appeal deadline.

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