Quick answer
- Check the title chain for at least the last 30 years, and confirm the seller is the registered owner (or allottee) with the right to sell.
- In Noida and Greater Noida most property is leasehold from the development authority. You need the authority’s transfer permission and must pay transfer charges.
- For new projects, check RERA registration, approved plans and the occupancy certificate. For resale, check that the builder executed a registered conveyance or sub-lease deed.
- Ownership passes only through a registered sale deed. An agreement to sell, GPA or will does not transfer title (Suraj Lamp, 2011).
Most property disputes we handle could have been avoided by a few hours of checking before payment. Here is a practical checklist for Delhi NCR buyers.
In this article
1. Verify the title
- Collect copies of all previous sale deeds, allotment letters, lease deeds and transfer memoranda, ideally going back 30 years.
- Inspect the original title documents before paying any substantial amount.
- Check the seller’s identity, and if the seller is a company, its board resolution authorising the sale.
- If the seller inherited the property, check the will, probate (if any) and mutation, and get all legal heirs to join or consent. Read probate vs succession certificate.
2. Understand leasehold land in Noida and Greater Noida
Plots and many group housing projects in Noida and Greater Noida stand on land leased by the development authority (usually for 90 years). The buyer steps into the lease. You need the authority’s transfer memorandum or permission, payment of transfer charges, and clearance of any dues to the authority. In Ghaziabad, check whether the land is freehold or leasehold from the GDA or a housing board.
3. For under-construction and new flats
- RERA registration number, and the project’s quarterly updates on the UP RERA website
- Approved building plans and the occupancy or completion certificate
- Whether the builder has paid the authority’s land dues (unpaid dues have delayed registry in many Noida projects)
- The builder-buyer agreement: read our list of red flags in builder-buyer agreements
4. Check encumbrances and litigation
- Encumbrance search at the Sub-Registrar’s office for registered mortgages and transactions
- Bank loans: if the property is mortgaged, get the bank’s NOC and arrange for the loan to be closed out of the sale price
- Search court records (district courts, High Court, RERA, NCLT) for cases involving the property or seller
- For agricultural land or villages within urban limits, check the khatauni (revenue record) and land use
5. Check dues and possession
Property tax, electricity, water and maintenance dues should be cleared, with no-dues certificates from the society or RWA. Visit the property to confirm who is in possession. Buying a property occupied by a tenant or relative can lead to a long case; see tenant not vacating.
6. Pay stamp duty and register
Execute a registered sale deed (or, for leasehold authority property, a registered sub-lease or transfer deed) at the Sub-Registrar’s office. Stamp duty in Uttar Pradesh is charged on the higher of the deal value and the circle rate, with a concession for women buyers, plus a registration fee. Check current rates on the IGRSUP portal. After registration, apply for mutation in municipal or authority records.
Why not just take a GPA?
In Suraj Lamp & Industries v. State of Haryana, (2012) 1 SCC 656, the Supreme Court held that sales through an agreement, GPA and will do not convey title. They may protect possession under Section 53A of the Transfer of Property Act in some cases, but you will not be the owner.
Need help?
We carry out title verification and handle registration for buyers in Noida, Ghaziabad and Delhi. Speak to our property lawyer in Indirapuram, see our civil law practice, or contact us. NRIs can read about buying and selling through a power of attorney.
If you would like the verification done for you, see our property title search and verification service.
Frequently asked questions
How many years of title should be checked?
Ideally 30 years, or back to the original allotment by the development authority, whichever is shorter.
Is a transfer memorandum needed for Noida property?
Yes, for leasehold property allotted by the Noida or Greater Noida authority. The authority must approve the transfer, and transfer charges are payable.
Can I buy a flat in a project without an occupancy certificate?
It is risky. Without an occupancy certificate the building is not approved for occupation, and registration or utility connections may be delayed.
Does an agreement to sell make me the owner?
No. Ownership passes only through a registered sale or transfer deed. An agreement to sell only gives a right to obtain one.
Sources
- Transfer of Property Act, 1882 — Sections 53A and 54
- Registration Act, 1908 — Section 17
- Real Estate (Regulation and Development) Act, 2016 — Sections 3, 11 and 17
- Indian Stamp Act, 1899 (as applicable in Uttar Pradesh)
- Suraj Lamp & Industries Pvt. Ltd. v. State of Haryana, (2012) 1 SCC 656
This article is general legal information, not legal advice for your specific case. Law and procedure change; please consult an advocate before acting.
