Resale Apartment Buying Checklist 2026 — 14 Things to Verify Before You Pay

Obtain a 30-year Encumbrance Certificate from Kaveri Online (kaveri.karnataka.gov.in) or your state's sub-registrar portal. The EC must show no active mortgage, lis pendens, or third-party charge on the property. If the current seller has a home loan, the EC will list the lender as a charge-holder — this must be cleared before registration. Insist on a fresh EC dated within 30 days of registration, not an older copy provided by the seller.

Portal: kaveri.karnataka.gov.in

Trace the ownership chain from the original landowner to the current seller — this is the Mother Deed plus all intermediate sale deeds. Gaps in the chain (a missing sale deed, a partition deed not referenced, or a gift deed without prior owner record) are a hard stop. Ask your advocate to issue a written title opinion covering all transactions for the last 30 years. Under Section 11 of RERA, builders must furnish title documents for primary sales, but resale buyers must independently verify the chain.

Portal: SRO records / advocate opinion

For Bangalore properties, verify the Khata is A-category (legal, eligible for building plan sanction and bank loans) and not B-category (regularised but technically encroachment-tainted). Use the BBMP Sakala portal or bbmp.gov.in to pull the current Khata extract and confirm the Property Identification Number (PID) matches the property under sale. A B-Khata to A-Khata conversion can take 12–18 months — factor this into your decision. See our explainer on Khata categories for full detail.

Portal: bbmp.gov.in / Sakala

Demand the last 5 years of property tax paid receipts. Unpaid property tax becomes a first charge on the property and transfers to you after registration. Verify the seller's name appears on the latest tax receipt — if a previous owner is still listed, the property mutation was never updated and your registration may be challenged. Cross-check the tax-assessed area against the carpet area in the sale deed.

Portal: BBMP tax portal / municipal office

If the apartment is part of a registered Apartment Owners Association or Cooperative Housing Society, the bylaws typically require a written No Objection Certificate from the society before resale registration. The NOC confirms that the seller has no outstanding maintenance dues, no pending society loans, and is a member in good standing. Some societies also charge a transfer fee (₹25,000–₹2 lakh depending on bylaws). Get the NOC on society letterhead with signatures of at least two office-bearers.

Portal: RWA / society office

The Occupancy Certificate, issued by the local municipal authority (BBMP, BMC, MCG, etc.), is mandatory proof that the building was constructed per sanctioned plan and is fit for occupation. Without OC, the sale is technically illegal in most Indian states under the respective municipal acts, and many banks will refuse home loans. Verify the OC on BBMP OBPAS (bbmpeagle.in/obpas) by searching the building plan approval number. If the seller cannot produce the OC, walk away — no exceptions for resale.

Portal: bbmpeagle.in/obpas

A Sale Agreement is a promise to sell with token money paid; a Sale Deed is the registered conveyance that actually transfers ownership. In resale, you typically sign an Agreement to Sell first (with 10–20% advance) and then execute the Sale Deed at the sub-registrar office on the registration date. The Sale Deed must reference the entire chain of title, the schedule of property (boundaries, plinth area), and the full consideration paid. Never skip the Agreement step — it locks in the price and terms while you complete due diligence.

Portal: Advocate / sub-registrar

For resale of relatively new apartments (less than 5 years old) where the owners' association has not been formed, the original builder is still the de facto authority for resale approval. Obtain the original Allotment Letter from the seller (this proves they were the first allottee) and a written NOC from the builder confirming no objection to the resale and confirming no dues are owed to the builder. This protects you from undisclosed amenity charges, club membership transfers, and pending parking allocations.

Portal: Builder office

If the seller has an active home loan, the property is mortgaged to the bank and the original sale deed is in the bank's custody. The seller must obtain either a foreclosure quote (the exact amount to close the loan) or a No Objection Certificate from the lender. The transaction is then structured as a tripartite arrangement: a portion of your payment is paid directly to the seller's bank to close the loan, the lender releases the original documents, and the balance is paid to the seller. Pull a fresh EC after the loan closure to confirm the mortgage entry is removed.

Portal: Seller's home loan bank

Under Section 194-IA of the Income Tax Act, if the sale consideration of the property exceeds ₹50 lakh, the buyer must deduct 1% TDS on the entire sale value (not just the amount above ₹50 lakh) and deposit it with the Income Tax Department using Form 26QB within 30 days of payment. After deposit, you must issue Form 16B (TDS certificate) to the seller. If the seller is a Non-Resident Indian (NRI), the TDS rate jumps to 20%+surcharge+cess under Section 195 — do not use 194-IA for NRI sellers. Use the Brickplot TDS calculator to estimate exact deduction.

Portal: tin-nsdl.com / Form 26QB

Stamp duty and registration must be paid on the higher of either the actual sale value or the state-notified circle rate (guidance value). Undervaluation — registering at circle rate while paying more cash on the side — is illegal under Section 50C of the Income Tax Act and creates a future tax liability for both buyer and seller. Use the SRO price index to check current prevailing rates for the locality. Karnataka stamp duty is 5.6% for properties above ₹45 lakh plus 1% registration; Maharashtra is 6% in Mumbai and Pune.

Portal: kaveri.karnataka.gov.in

Obtain a written statement from the Resident Welfare Association or society treasurer confirming that all monthly maintenance, parking, club, and any one-time levies have been paid up to the registration date. Unpaid dues become your liability after takeover — societies will refuse to issue parking stickers, gate-pass access, or amenity bookings until cleared. For older apartments, dues can run into ₹2–5 lakh if the seller defaulted during a period of dispute. Get the no-dues letter on society letterhead with the treasurer's signature and seal.

Portal: RWA / society office

Most apartments collect a sinking fund (for major repairs like lift replacement, exterior painting, plumbing overhaul) and a corpus fund (one-time amount paid at first possession, typically ₹50–₹150 per sq ft). Confirm with the RWA whether the seller has contributed their share of both, and whether you as the new owner inherit any pending contribution liability. In some societies, the corpus is non-refundable and stays with the unit — in others, it is transferable. The bylaws will clarify.

Portal: RWA / society bylaws

Read the registered society bylaws before signing the Agreement to Sell. Common restrictions that surprise resale buyers include: pet ownership restrictions (some societies prohibit dogs above a certain weight or breed), commercial-use prohibitions (running a home office, tuition class, or rental on a short-stay platform may be banned), restrictions on tenant nationality or marital status (legally contestable but practically enforced), and rules on renovation timings or contractor entry. If you intend to rent out, run a home business, or own pets, verify the bylaws permit this before paying token money.

Portal: RWA / society bylaws