Buying a property is a big decision, and ensuring that the ownership is clear and legitimate is crucial. Here’s a step-by-step guide to help you verify property ownership before buying a RESALE property.

1. Registered Sale/Purchase Agreements
It is important to ensure that the Seller has registered Agreements in place. If the Seller is not the 1st owner, then ask for copies of all previous Agreements and ensure they are registered and stamp duty has been paid. Conducting due diligence on these documents is important.

What to Look For:

• Name of the Sellers: The name in the Agreements should match the Seller’s name. 

• Property Details: Ensure that the details like address, area, and no. of car parking are accurately mentioned in the Agreement and they match with what you were promised.

2. Occupation Certificate Ensure that the property you are buying has an Occupation Certificate, commonly referred to as the OC. This ensures that the property you are buying has all necessary permission from the relevant authorities and has been built as per approved plans.

3. Review Property Tax Receipts
Ask the seller for copies of the latest Property Tax receipts. This again helps to verify the name in the records of the municipal corporation and also that all taxes have been paid up to date.

4. Conduct a Title Search
Conducting a title search helps to ensure that the title is clear and free from any encumbrances or disputes.
You can apply for an Encumbrance Certificate (EC) for the property from the Sub-Registrar’s Office. The EC provides information about all the transactions involving the property, such as sale deeds, mortgages, leases, etc., and any other encumbrances. This helps you to verify against the Agreements copies shared by the Seller that the ownership has been legally transferred from one owner to another and there are no gaps or discrepancies.

5. Issue a Public Notice in the newspapers
You must consider issuing a public notice in the newspaper before purchasing this property. Public Notices are essential in maintaining transparency in property transactions in India. Via the public notice, you can invite objections and/or claims from anyone having any personal interest in the property e.g., a relative, neighbour, local authorities, financial institutions, etc. This helps to ensure that any claims are addressed before the transaction is finalised and thus avoid costly litigations in the future. Ideally, a public notice should be issued by an independent person, ideally an advocate and should be published in one prominent English and one prominent local language newspaper. The public notice is normally published for 14-21 working days.

6. Hire a professional Property Team
As you can see from above, many things have to be taken care of when buying a property and this requires expert advice. A good, experienced team of real estate brokers and property lawyers is required to support you during this process. Ensure you speak to your relatives and friends or professional colleagues and take references of Brokers and Lawyers to help you in this. Working with known people is important in real estate.

Conclusion
Verifying property ownership is essential to ensure that you’re making a safe and sound investment. By following these steps, you can protect yourself from potential issues and enjoy your new property with confidence. Always do thorough checks before closing a deal, and don’t hesitate to seek professional help if needed.