Grey Beard's checklist for a safe property purchase in South Delhi

Beautiful interiors can distract buyers. But the real story of any South Delhi property lies in its documents. Before you fall in love with the house, make sure the chain of ownership is clear and complete.

Beautiful interiors can distract buyers. The real story of any South Delhi property lies in its documents. Before you fall in love with the house, make sure the paperwork tells the full story — and that the seller's lawyer is comfortable handing every link of that story to your lawyer.

This is the 14-point checklist we run on every Grey Beard mandate, organised into four phases. The phases mirror the 6–8 week pre-listing playbook we run on the seller's side — what a buyer is checking is what a Grey Beard mandate has already prepared. A buyer doing this independently usually discovers gaps in week 4 or 5; a buyer doing it at registration discovers gaps too late.

Phase 1 — Title and ownership

The original chain of title — not just the latest deed

Always trace the very first document that created ownership: the original allotment letter from L&DO or DDA, a perpetual lease deed, or the first registered sale deed. Then read every subsequent transfer in chronological order. A missing link from 40–50 years ago can create complications today.

One important distinction by property type.

• *For a bungalow purchase:** every original document in the chain must be present — original allotment, original conversion deed, original sale deeds for every transfer back to the first registration. The seller is the only owner of the entire chain, so every original sits with them. Anything less is a flag.

• *For a builder floor purchase:** only the originals for your specific floor will be available. The originals for the underlying plot, the original sale to the developer, the registered builder–landowner agreement, and the sale deeds of the other floors will be with their respective owners. That is normal — no individual floor owner can hold the upstream originals. What you must verify is that photostat copies of every upstream document are on file with the seller's lawyer or the society and that you and your lawyer have read them. Photostats are acceptable in this specific case because the law cannot require the impossible. Their absence is not.

• If something is missing:* the seller's lawyer needs to obtain a certified copy from the sub-registrar's office. Walking away is reasonable if multiple links are missing.

Surviving Member Certificate (SMC) — for any inherited property

If the property has been inherited at any point in the chain — whether the seller inherited it directly or a previous owner did — the SMC issued by the government identifies the legal heirs of the deceased owner. Without an SMC, it is difficult to establish who legally has the right to sell. This is non-negotiable. Skipping this step can lead to disputes later.

Registered NOCs from every legal heir — even when there is a Will

A Will alone is no longer sufficient after the 2025 legal amendments. Every heir listed in the SMC should provide a registered No Objection Certificate or declaration confirming they have no objection to the sale. Banks routinely refuse home loans if even one heir has not signed. The NOC must be registered, not merely notarised.

Mutation records — confirming, not creating, ownership

This is one of the most common misunderstandings among property buyers. A name appearing in municipal records or house tax bills does not prove legal ownership. Mutation simply shows who is responsible for paying property tax. The true proof of ownership comes from a registered sale deed, a probated Will, or a registered NOC from legal heirs. Always verify the title documents — not just municipal records. The mutation should match the title; a mismatch is a red flag.

Family settlement deed and public notice — where applicable

If the property has passed through a family settlement, the registered family settlement deed must be on file. For older inherited properties, ask whether a public notice was published in newspapers (English plus Hindi) inviting objections — this is standard practice for inherited title and protects against later third-party claims.

Phase 2 — Encumbrances and disputes

Bank NOC and release deed — if there is or was a mortgage

If the property is currently mortgaged, the seller's bank must issue a No Objection Certificate confirming the loan will be cleared at registration, and a release deed must be registered immediately after. If a previous mortgage existed and was cleared, the original release deed must be on file. A "loan was paid off years ago" statement without the release deed is not enough — until the release is registered, the bank's charge technically still sits on the title.

Litigation and court-records search — through your lawyer

This is not a self-serve check. Through your lawyer, run a search at the sub-registrar's office, the district court, and the high court for any pending matter naming the property, the seller, or any prior owner in the title chain. Court records require navigation expertise and Delhi-specific filing knowledge that a lawyer brings; doing this informally misses things. A litigation flag does not always disqualify the property — but it changes how the transaction must be structured. A surprise litigation discovered post-registration is the worst-case scenario.

Phase 3 — Statutory and physical compliance

Sanctioned building plan from MCD or DDA

The original sanctioned plan should match what is built on the property. If the plan shows a 4-floor structure but the property has 5 floors, that excess construction is unauthorised and creates demolition or compounding-fee risk for the new owner. For builder floor purchases, the sanctioned plan is the document that proves your specific floor was legally permitted.

Completion certificate and occupancy certificate

In Delhi, the completion certificate is issued by MCD after the building matches its sanctioned plan, and the occupancy certificate confirms it is fit for use. Many older South Delhi properties do not have a formal occupancy certificate — this is common and not always disqualifying — but the absence must be flagged and the path to regularisation understood before purchase. For a property less than 15 years old, the absence is harder to explain away.

DDA leasehold-to-freehold conversion — where applicable

Many South Delhi colonies — including parts of Greater Kailash, Hauz Khas, and Saket — were originally allotted as DDA leasehold and later converted to freehold. The conversion deed and the conversion charges-paid receipts must be on file. A property still on the original lease without conversion is a different asset class, the registration process is different, and the resale market is meaningfully smaller.

ASI heritage zone clearance — for affected colonies

Properties within 100 metres of a centrally protected ASI monument — relevant in Mayfair Garden, parts of Hauz Khas, Nizamuddin East, and parts of Sunder Nagar — fall under the Ancient Monuments and Archaeological Sites and Remains Act. Construction restrictions apply. If the property has been built or extended within the regulated radius, ASI clearance documents must be reviewed. For many of these properties, what was built long ago stays as-is — but new construction or renovation has limits a buyer needs to plan for.

Phase 4 — Builder-floor, NRI, and registration-day specifics

Builder-floor specific: builder agreement, land share, parking

For builder floor purchases, three additional checks are non-negotiable.

• *Registered builder–landowner agreement** — the original collaboration agreement that authorised the builder to construct and sell. Photostat is acceptable for this specific document since the original sits with the developer or the original landowner.

• *Land share** — the proportionate share of the underlying plot that comes with your floor. This is what gives a builder floor its land-backed valuation. The land share you are buying must be clearly stated in your sale deed and must match the proportion agreed in the collaboration agreement. Builder floors with vague or contested land share are a recurring source of resale friction in South Delhi.

• *Parking allocation document** — clearly identifying which bays belong to your floor. Verbal allocation has caused litigation across South Delhi. Get it in writing, signed by all four floor owners or their predecessors.

NRI-seller specific: TDS, FEMA, Power of Attorney

If the seller is an NRI, four additional checks apply.

• *TDS at the correct Section 195 rate** — currently 14.95% effective on long-term capital gains (12.5% base × 1.15 surcharge × 1.04 cess) for sales above the upper-bracket threshold. The buyer is responsible for deducting and depositing TDS before registration. Note: under Budget 2026, the TAN requirement for buyers of NRI property is being simplified — buyers will be able to use their own PAN to deduct and deposit TDS, with this change coming into effect later this year. Until it does, the buyer (or the buyer's CA) will need a TAN.

• *Section 197 Lower Deduction Certificate (Form 13)** — if the seller has applied for one to reduce TDS below the default rate, the LDC must be in hand and current at the time of payment. Without it, the higher default rate applies.

• *Form 15CA / 15CB** — required for the seller to repatriate sale proceeds. The seller's CA prepares these; the buyer should verify before registration that the chain is being set up so the seller is not stuck with funds in India after the deal closes.

• *Registered Power of Attorney** — if the NRI is not present in person at registration, the PoA must be registered (not just notarised) and current. PoA commissioning takes around 12 weeks for an NRI, which is why this becomes a Phase 1 priority on any NRI mandate.

Registration-day mechanics

On the day of registration, three things must happen.

• *All co-owners must be present** — or their registered PoA holders. A missing signatory at the sub-registrar's office voids the transaction. This sounds obvious but is the single most common cause of last-minute postponement on otherwise-clean mandates.

• *Payment must run entirely through banking channels** — every rupee accounted for in the sale deed. No cash component, no off-book adjustment, no side agreement. The reasoning is in our journal article on full-cheque vs part-cheque transactions.

• *Original documents must be handed over** — original sale deeds (full chain, where applicable), original allotment letter, original conversion deed, original release deeds, original society share certificate. Originals, not certified copies. For builder floor purchases, originals for your floor only — that is the correct outcome. Walking out of the registrar's office without the originals is a mistake that takes years to fix.

One closing note

When buying property in premium areas like Greater Kailash, Panchsheel Park, Vasant Vihar, or Defence Colony, the stakes are high. A beautiful house means nothing if the paperwork is weak. The effort required to verify documents thoroughly is small compared with the cost of a litigation, a stuck repatriation, or a buyer's family discovering an undisclosed heir three years later.

This 14-point checklist is the discipline. A good lawyer runs through it in 6–8 weeks before a Grey Beard mandate goes to first site visit. A buyer doing it independently can run it on their own timeline — the order matters less than the completeness.

Disclaimer: This checklist is published as advisory commentary by Grey Beard Real Estate. It is informational and not a substitute for legal advice. Always work with a qualified lawyer on any property transaction. © KRC Liaison Pvt Ltd. All rights reserved.

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