How to Verify Documents Before Buying a Flat in Mumbai: A Checklist

Most property frauds, including double sales, are visible in the papers before money changes hands. This is a checklist you can take to your lawyer. It is general information, not advice on a particular property.

1. Title: does the seller own it?

• Chain of documents: ask for every earlier deed, from the original allotment or conveyance to the present seller. Gaps need an explanation.
• Title search and report: have a lawyer search the records and give a written opinion on title. For a project registered with MahaRERA, the promoter files a legal title report in the prescribed format, certified by a practising advocate, and it can be seen on the project page.
• Land records: check the 7/12 extract or property card. See 7/12 extract explained.

2. Permissions: is the building legal?

• Commencement certificate and the approved plan, from the planning authority.
• Occupancy certificate for a completed building.
• MahaRERA registration for projects that need it. Search the project on the MahaRERA website and download the certificate and plans.
• Area in the agreement versus the approved plan. A Revenue Department circular dated 12 October 2026, as reported, directs Sub-Registrars not to register flat transfers where the building lacks permission or the area stated exceeds the sanctioned plan. Details are in the new rule on unauthorised buildings.

3. Encumbrances: is anything pending on the flat?

• Register search: search the registers at the Sub-Registrar’s office, or the IGR Maharashtra website, over a suitable number of years for any earlier agreement, mortgage or deed.
• Loan or mortgage: if the seller has a housing loan, the bank holds the original documents. Plan for the loan to be repaid and the documents released at or before completion.
• Court cases: ask your lawyer to check for pending litigation involving the flat or the seller.
• Dues: ask for the latest society maintenance, property tax and electricity bills.

4. Society records for a resale flat

• Share certificate and membership proof in the seller’s name.
• Allotment letter or agreement, and any earlier transfer records.
• The society’s registered bye-laws, and a no-dues certificate if the society or your bank asks for one.
• Know what the society may and may not charge on transfer. See housing society transfer, NOC and illegal charges.

5. The agreement and registration

• Have your lawyer read the agreement for sale before you sign.
• Stamp and register it. Property is not sold simply because money is paid. See registering a sale deed in Maharashtra.
• Pay by bank transfer to the seller’s own account and keep receipts. Avoid large cash payments.
• Do not pay large sums before registration.

6. After purchase

• Apply to the society for membership and the share certificate, and change names in municipal and utility records.
• If the building is old and the society has not received the land, see deemed conveyance.

Warning signs

• The seller will not show original documents or insists on speed.
• The seller has a power of attorney from an owner who is not around, and you cannot meet the owner.
• The price is far below market or you are asked to pay in cash.
• The building has no occupancy certificate and no explanation.
• The area promised is larger than the approved plan.

If you have already paid for a flat that turns out to be sold to someone else, read what to do when a flat is sold twice.

Common questions

Do I need a lawyer to check the documents?

It is strongly advisable. A title search needs legal reading of the chain of documents, which most buyers cannot do alone.

Is a bank’s approval of my home loan proof of clean title?

No. A bank’s legal check is for its own security and does not guarantee anything to you.

What if the building has no occupancy certificate?

Ask why, and take advice before paying. It can affect the registration, the loan, and later redevelopment or sale.

Sources

• Real Estate (Regulation and Development) Act, 2016, including the requirement of a legal title report for registered projects; MahaRERA project pages
• Transfer of Property Act, 1882, Section 54; Registration Act, 1908, Sections 17 and 23
• Maharashtra Co-operative Societies Act, 1960 and Rules (for society transfers)
• Department of Registration and Stamps, Maharashtra (IGR Maharashtra) and MahaRERA websites for current requirements

Related: leave and licence agreement in Maharashtra

This guide is general information and does not replace a title search for your property.