Asked by a reader in Bengaluru

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

Answered by Advocate Sharan Jain··Property & Real Estate Law

Short answer

Thirty years of title flow, the encumbrance certificate, the khata and tax paid receipts, the approved plan and commencement certificate, the RERA registration, and for agricultural-origin land, the conversion order. Verify before the advance, not after.

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.

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.

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

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.

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.

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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?

It is a record from the sub-registrar of the registered transactions affecting a property over a stated period. In Karnataka you can obtain it online through the Kaveri Online Services portal, or in person from the sub-registrar's office.

Property & Real Estate

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

A khata is the municipal record for a property that complies with approvals and is on the main register. B khata is a separate register for properties that do not fully comply, which restricts building plan sanction, trade licences and many home loans, though it does not by itself mean the title is bad.

Property & Real Estate

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

They are completely different. An agreement to sell is a promise to transfer in future and creates no ownership. Only a registered sale deed transfers title. Never treat an agreement, however detailed, as proof that you own the property.

Property & Real Estate

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

It can be both. Delayed possession is a well-established deficiency in service before the consumer commissions, and RERA gives a parallel remedy. The right forum depends on whether you want possession with compensation or a refund with interest.

Property & Real Estate

My siblings will not divide our family property. How does a partition work?

Try a registered partition deed or a family settlement first, because it is far cheaper. If that fails, file a partition suit; the court passes a preliminary decree declaring shares, then a final decree dividing the property by metes and bounds, often through a court commissioner.

Property & Real Estate

Why is every rent agreement 11 months, and does it need to be registered?

Because a lease of immovable property from year to year, or for a term exceeding one year, must be registered under Section 17 of the Registration Act. Keeping the term at 11 months avoids compulsory registration and the higher stamp duty, and it is perfectly valid.

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