What are the legal formalities to be completed before buying a property in Andhra Pradesh?

Before buying a property in Andhra Pradesh, it’s essential to complete specific legal formalities to ensure the transaction is valid and the property is free of legal disputes. Here’s a checklist of legal formalities:

1. Verify Title Deed

• Ensure the seller has a clear title to the property.
• Check for any encumbrances, liens, or claims on the property.
• Obtain a copy of the title deed and have it examined by a legal expert.

2. Check Encumbrance Certificate

• Obtain an Encumbrance Certificate (EC) from the Sub-Registrar’s Office.
• The EC shows whether the property is free from legal or financial liabilities.

3. Inspect Sale Deed

• Ensure the sale deed is drafted clearly and contains all necessary details, including:
  • Property description.
  • Terms and conditions of the sale.
  • Rights of the buyer.

4. Check Property Tax Receipts

• Verify that the seller has paid all property taxes up to date.
• Unpaid taxes can become the liability of the new owner.

5. Verify Building Approvals (if applicable)

• For constructed properties, ensure the building has approval from the local municipal authority or urban development authority.
• Check that the construction adheres to approved plans and building codes.

6. Check for Government Approvals

• Verify that the property has the necessary government approvals, such as:
  • Layout approval.
  • Land use conversion certificate (if the land is converted from agricultural to residential/commercial).

7. Verify RERA Registration (if applicable)

• If buying a property from a builder or developer, check if the project is registered with the Real Estate Regulatory Authority (RERA).

8. Examine Property Documents

• Mother Deed: Provides the history of ownership.
• Previous Sale Deeds: To ensure the chain of ownership is clear.
• Mutation Records: Verify the property is in the name of the seller.

9. Measure the Property

• Get the property measured by a licensed surveyor to ensure the boundaries match the title deed and sale deed.

10. Obtain Legal Clearance

• Have a legal expert review all documents to ensure there are no hidden issues or disputes.

11. Check for Possession Certificate

• For newly constructed properties, ensure the seller provides a possession certificate to prove ownership transfer.

12. Execute Sale Agreement

• Sign a sale agreement detailing the terms of the sale, payment schedule, and possession timeline.
• Pay a token advance as agreed upon.

13. Register the Property

• Register the property at the Sub-Registrar’s Office under the Indian Registration Act.
• Pay the applicable stamp duty and registration charges.

14. Obtain Khata/Patta Transfer

• Apply for the transfer of Khata or Patta (property tax document) to your name with the local municipal authority.

15. Check Utility Bills

• Ensure all utility bills (electricity, water, etc.) are paid up to date.

Completing these legal formalities will help you avoid future disputes and establish clear ownership of the property.