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NRIs Buying Property in Bengaluru: How to Verify the Documents First

ByBase Legal

The problem

You are buying property in Bengaluru from abroad. You cannot visit offices yourself. You want to be sure the seller really owns it and there is no hidden loan or dispute.

Example: An NRI in Singapore is buying a resale flat in Bengaluru. The seller sends scanned papers by email. She is not sure what to check.

What the law says

A buyer is expected to check title before buying. If you buy without checking, you may be bound by earlier sales, loans or court cases. Under the Foreign Exchange Management Act, 1999 and RBI rules, NRIs can buy residential and commercial property in India, but not agricultural land, plantation property or a farmhouse.

What to check – step by step

  1. Title deeds. The seller’s sale deed and earlier deeds going back about 30 years, so the chain of ownership is clear.
  2. Encumbrance certificate (EC). It shows registered sales, mortgages and other transactions. In Karnataka it can be obtained through the Kaveri online services.
  3. Khata and tax receipts. Check the BBMP khata or e-khata in the seller’s name and the latest property tax receipts.
  4. RTC (Pahani) and conversion order for land and sites, showing the land was converted for non-agricultural use.
  5. Layout and building approvals. BDA or BMRDA layout approval, sanctioned building plan, and for flats, the occupancy certificate.
  6. RERA registration for new projects, on the K-RERA website.
  7. Court cases. Search eCourts and the High Court of Karnataka website in the seller’s name and the property details.
  8. Get a written title report from an advocate before you pay the advance.

Documents to keep

  • Copies of all title deeds and the EC
  • The advocate’s title report
  • Sale agreement and payment proofs

Mistakes to avoid

  • Relying only on scanned copies. Ask to see the originals, or get certified copies from the Sub-Registrar.
  • Paying a large advance before the title check.
  • Buying a site in an unapproved layout because it is cheaper.

Contact

To speak to an advocate, call +91 63660 42792, WhatsApp the same number, or email contact@baselegal.in. You can also send us a message. Read more about our NRI Legal Services practice.

This article is for general information only. It is not legal advice. Please speak to an advocate about your own case.

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