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Resale flat purchase — society and loan clearance

What usually matters in this situation, and the papers to keep ready before you meet an advocate or free legal aid (call 15100).

Your situation

• What kind of property? Resale flat / house

Papers to gather

• Chain of title documents for about 30 years
  The core check — who owned it before and how it passed. Where: Seller, sub-registrar office.
• Encumbrance certificate
  Reveals mortgages and earlier sales. Where: Sub-registrar / state portal.
• Revenue / municipal records (mutation, khata, record of rights) and tax receipts
  Must match the title documents. Where: Tahsil / municipality.

You may also need, depending on your answers

• Registered power of attorney and proof the owner is alive — A cancelled PoA or deceased owner makes the sale invalid.
• Death certificate, legal heir proof and consent of all heirs — One missing heir can challenge the sale.
• Agreement to sell, receipts and payment proof — Basis for refund or a suit to enforce the sale.
• Police complaint about the fraud — Forgery and cheating are crimes; quick reporting matters.

What the law says

Saboot will also ask

• Where are you?
• Who is selling?

Similar situations

• Checking a property before buying it
• Paid advance and seller backed out
• Seller sold the same property to two people
• Bought a plot and found it has a loan or case on it
• Buying through a power of attorney holder
• Paid part in cash and seller is denying it
• Agricultural land purchase — conversion and rules

Sources

• Real Estate (Regulation and Development) Act, 2016
• Transfer of Property Act, 1882
• Income Tax e-filing portal (official) — the Income-tax Act, 2025 applies from 1 Apr 2026

The full guide: Buying property — what to check, or I was cheated in a property deal · All situations