Buying a pre-owned (resale) flat can be a smart way to own property in a coveted neighborhood like Malleshwaram, Bengaluru. With its tree-lined avenues, heritage homes, proximity to premier schools, and excellent connectivity, Malleshwaram has long been a favorite for families and professionals alike. However, the resale market comes with its own set of legal nuances that demand careful attention. This guide—drawn from 2025 market insights—walks you through everything you need to know legally before signing on that resale agreement in Malleshwaram.
1. Why Choose Malleshwaram for a Pre-Owned Flat?
Before we dive into legal details, let’s quickly recap why Malleshwaram stands out for resale buyers:
- Heritage & Cultural Vibe: One of Bengaluru’s oldest planned neighborhoods, Malleshwaram features vintage bungalows, broad avenues, and a strong sense of community. It’s not just a place to live—it’s a living heritage.
- Excellent Location: Straddling the arterial 12th Cross to Margosa Road and lying close to Sampige Road Metro station, Malleshwaram offers swift access to Shivajinagar, Vidhana Soudha, and the central business district.
- Balanced Lifestyle: With Malleswaram Market, Sree Kanteerava Stadium, and a host of cafes, bookshops, and parks, daily life here feels relaxed yet connected.
- Resale Options Galore: Unlike new developments that can be scarce and pricey, Malleshwaram’s resale market is rich with options—2 BHKs to large 4–5 BHK villas—catering to varied budgets.
- Stability & Appreciation: Data shows Malleshwaram prices appreciate around 8–10% annually, making it a stable long-term bet .
Given these factors, it’s no wonder buyers flock to resale properties here. But a good location alone won’t protect you from a legal bind. Let’s explore how to secure your purchase thoroughly.
2. Understanding the Resale Market (2025 Trends)
As of mid-2025, resale flats in Malleshwaram trade at about ₹13,500 – ₹18,000 per sq ft, depending on the age of the building, frontage to main roads, and whether it’s a high-rise or an older walk-up block . To illustrate:
- Older Walk-Up Blocks (1980s–1990s): Typically 1,000–1,200 sq ft 2 BHK flats range from ₹1.4 – ₹1.8 Cr (₹14,000–₹15,000 per sq ft).
- Mid-2000s Condominium Towers: 2 BHK (1,100 sq ft) flats fetch ₹1.6 – ₹2 Cr (₹15,000–₹18,000 per sq ft).
- Premium High-Rises (2020 Onwards): Brand-new towers with amenities near Margosa Road or Sampige Road command ₹2.2 – ₹2.5 Cr for a 1,200 sq ft 2 BHK (₹18,000–₹20,000 per sq ft).
Demand Drivers:
- Families & Professionals: Proximity to good schools like Aditi International and Bishop Cotton Girls’ PU College, plus easy city-center commute, drives demand.
- Investors: Rental yields hover around 2.5–3% gross, slightly lower than peripheral areas but offset by steady capital appreciation.
- Nostalgia Buyers: Many original Malleshwaram families prefer older blocks due to sentimental value and willingness to renovate.
With robust demand, sellers often list above circle rates. Here’s where legal vigilance becomes crucial: overpaying or buying a property with legal issues can derail what seems like a golden opportunity. Let’s dig into the essential documents and checks you need.
3. Key Legal Documents You Must Verify
When purchasing a resale flat, the most critical step is ensuring the seller’s documents are in perfect order. These documents establish clear title, show there are no liens or disputes, and confirm that the structure is legally approved. Here’s what to focus on:
3.1 Title Deed & Ownership Chain
- Why It Matters: A clean title deed proves that the seller legally owns the property and has the right to transfer it. Any missing or dubious links in the ownership chain can threaten your ownership.
- What to Do:
- Obtain the Original Title Deed: Ask the seller for the original sale deed executed when the flat was first sold by the builder. For older buildings (pre-1990), this might be the original “Mother Deed.”
- Trace the Ownership Chain: Verify every transfer—Builder → First Buyer → Second Buyer → … → Current Seller—for at least 15–20 years if possible. This is crucial in Malleshwaram, where many flats have changed hands multiple times .
- Check for Registered and Unregistered Deals: Some older transactions might have been done without registration (non-stamped or on a simple agreement). Such agreements carry legal risk. Insist on properties with registered sale deeds at the Sub-Registrar’s office.
- Obtain the Original Title Deed: Ask the seller for the original sale deed executed when the flat was first sold by the builder. For older buildings (pre-1990), this might be the original “Mother Deed.”
3.2 Encumbrance Certificate (EC)
- Why It Matters: The EC indicates if there are any pending loans, mortgages, or legal disputes on the property. A “Clean EC” for the past 15–20 years is the gold standard.
- What to Do:
- Apply Online or Visit the Sub-Registrar: In Karnataka, you can download ECs from the Kaveri Online Portal for a nominal fee.
- Check the Entire Period: If the flat was sold in 2000 and subsequently changed hands in 2005, 2010, and 2020, request EC for 2000–2025 (or as far back as possible).
- Match Names & Dates: EC entries must list the seller’s name precisely (including any middle names) and the exact sale deed registration numbers. Even small misspellings can indicate oversight.
- Apply Online or Visit the Sub-Registrar: In Karnataka, you can download ECs from the Kaveri Online Portal for a nominal fee.
If the EC shows a loan sanctioned against the property in, say, 2015 (and not fully repaid), you’ve identified a liability that must be cleared before purchase.
3.3 Khata & Property Tax Receipts
- Why It Matters:
- Khata is the municipal records of property ownership under BBMP (Bruhat Bengaluru Mahanagara Palike).
- An A-Khata allows you to pay property tax directly and is a prerequisite for getting a home loan.
- An H-Khata (formerly called a Group Khata) means the property is part of a cluster Khata—financing and clear title verification can get trickier.
- Khata is the municipal records of property ownership under BBMP (Bruhat Bengaluru Mahanagara Palike).
- What to Do:
- Verify Khata Status: Ask the seller to show the latest Khata Certificate and Extract. Ensure the flat’s name, owner’s name, and address match exactly.
- Check Property Tax Receipts: Ensure property tax is paid up to date. In Malleshwaram, property tax ranges between ₹2–₹5 per sq ft annually depending on the age and location of the building. Outstanding taxes can lead to surcharges or penalties.
- H-Khata to A-Khata Conversion: If it’s H-Khata, decide if you’re willing to pay the penalty (approx. 10% of circle rate of property value) to convert to A-Khata. Many lenders insist on A-Khata for loan approval.
- Verify Khata Status: Ask the seller to show the latest Khata Certificate and Extract. Ensure the flat’s name, owner’s name, and address match exactly.
3.4 Occupancy Certificate (OC) & Building Plan Approval
- Why It Matters:
- An Occupancy Certificate (OC) confirms the building is constructed per approved plans and is safe to occupy.
- The Building Plan Approval (from BBMP or BDA, depending on when Malleshwaram was under different jurisdictions) indicates the project was sanctioned legally.
- An Occupancy Certificate (OC) confirms the building is constructed per approved plans and is safe to occupy.
- What to Do:
- Obtain a Copy of the OC: Even if the flat is 25 years old, there must be an original OC archived either with the builder or the original owner. Without it, no one can legally occupy or register the sale.
- Cross-Check with BBMP Records: Visit the BBMP e-portal to match the sanctioned plan details (floor count, setbacks, heights) with what you see on-site. Any deviations—like an extra mezzanine added without permission—are red flags.
- For Redeveloped Properties: If the 1980s block was redeveloped in 2015 into a 10-story tower, ensure you see the fresh OC and new building plans. An older OC for the 3-story block won’t suffice for the new structure.
- Obtain a Copy of the OC: Even if the flat is 25 years old, there must be an original OC archived either with the builder or the original owner. Without it, no one can legally occupy or register the sale.
3.5 Sale Agreement & Power of Attorney (if applicable)
- Sale Agreement:
- A draft sale agreement lays out terms of sale—price, payment schedule, handover date, inclusions (like parking slot or storage cubicle), and penalties for default.
- Ensure there’s a clear clause about the condition of the flat (“as-is, where-is”) and an indemnity protecting you if any document turns out to be forged.
- A draft sale agreement lays out terms of sale—price, payment schedule, handover date, inclusions (like parking slot or storage cubicle), and penalties for default.
- Power of Attorney (PoA):
- Sometimes, an owner residing abroad or in another city may sell via PoA.
- Verify the original executed PoA document, notarized and apostilled (if foreign) or attested by a consulate (for NRIs).
- Many banks do not accept PoA sales for home loans—check with your lender first.
- Sometimes, an owner residing abroad or in another city may sell via PoA.
By confirming these core documents, you ensure the seller legitimately holds and can transfer the flat. Next, let’s understand zoning and permissible use in Malleshwaram.
4. Permissible Use & Zoning Laws in Malleshwaram
Malleshwaram falls under Ward 111 & 112 of BBMP. Some sectors (especially around Margosa Road and Sampige Road) are designated for purely residential use, while pockets near KR Circle have mixed-use zoning. Here’s what you need to know:
- Residential vs. Commercial:
- A flat in a residential zone cannot be used for running a tuition center, restaurant, or office. If you buy and plan to convert it into a short-term rental (e.g., serviced apartment), check that the society’s by-laws and BBMP permit it.
- Check the zoning certificate from BBMP (or BDA) to confirm this classification.
- A flat in a residential zone cannot be used for running a tuition center, restaurant, or office. If you buy and plan to convert it into a short-term rental (e.g., serviced apartment), check that the society’s by-laws and BBMP permit it.
- Floor Area Ratio (FAR) & Setbacks:
- Heritage & Conservation Overlays:
- Parts of Malleshwaram (like the Malleswaram Market area) are under heritage overlays, requiring extra permissions for renovation. If you buy an older apartment near Sankey Road or 14th Cross, be prepared for stringent facade and structural guidelines.
- Approval from the Heritage Conservation Committee (HCC) may be needed for any external changes, such as balcony modifications.
- Parts of Malleshwaram (like the Malleswaram Market area) are under heritage overlays, requiring extra permissions for renovation. If you buy an older apartment near Sankey Road or 14th Cross, be prepared for stringent facade and structural guidelines.
By confirming zoning rules, you avoid costly compliance issues later. Next: RERA compliance, which came into force in 2017.
5. RERA Compliance & Checks
The Real Estate (Regulation & Development) Act, 2016 (RERA) applies to new and under-construction projects launched after May 2017. For resale, RERA’s role is more indirect but still relevant:
- Check If the Project Was RERA-Registered
- If the original builder launched the project post-2017, it must have a RERA registration number. Verify this on the Karnataka RERA portal (rera.karnataka.gov.in).
- Even if you’re buying resale, ensure the builder’s RERA status is “Project Completed” or “Under Construction”. If the project was never RERA-registered (despite launching after 2017), that’s a breach—avoid it.
- If the original builder launched the project post-2017, it must have a RERA registration number. Verify this on the Karnataka RERA portal (rera.karnataka.gov.in).
- Check for Buyer Complaints on RERA Portal
- On the RERA site, look under “Registered Projects” and see if there are any complaints or orders against the builder or that specific project. A history of delayed delivery or shoddy construction matters, even for resale.
- On the RERA site, look under “Registered Projects” and see if there are any complaints or orders against the builder or that specific project. A history of delayed delivery or shoddy construction matters, even for resale.
- Obtain RERA-Related Disclosures
- Ask the seller or builder for RERA-mandated disclosures—updated progress reports, escrow account statements (70% rule compliance), and statutory clearances (NOC from fire, environment, etc.).
- If a small Malleshwaram block was redeveloped in 2023 into a 12-story tower, that redevelopment must be RERA-compliant. Check the form-1 (project details) and form-16 (progress update) for structural safety insights.
- Ask the seller or builder for RERA-mandated disclosures—updated progress reports, escrow account statements (70% rule compliance), and statutory clearances (NOC from fire, environment, etc.).
RERA ensures that builders can’t fudge approvals or leave construction half-done. As a resale buyer, your legal risk decreases if the original build had to satisfy RERA norms.
6. Ensuring a Clean Transfer: No-Dues Certificates
A crucial part of any resale transaction is obtaining No-Dues Certificates from all stakeholders:
- Society/Apartment Association No-Dues:
- Society maintenance charges can run ₹3–₹4 per sq ft per month in Malleshwaram for mid-tier complexes. Before you buy, get a clearance certificate from the Residents’ Welfare Association (RWA) stating the seller has paid all maintenance, sinking fund contributions, and any special levies (e.g., exterior painting fund).
- Ensure the security deposit (if any) held by the society is transferred to your name, or agree on reimbursement if society rules allow.
- Society maintenance charges can run ₹3–₹4 per sq ft per month in Malleshwaram for mid-tier complexes. Before you buy, get a clearance certificate from the Residents’ Welfare Association (RWA) stating the seller has paid all maintenance, sinking fund contributions, and any special levies (e.g., exterior painting fund).
- BBMP Property Tax No-Dues:
- Request the latest property tax clearance certificate from BBMP, proving that taxes are paid up to the most recent quarter. Unpaid taxes become your liability otherwise.
- Many BBMP divisions allow online clearance—verify on the BBMP e-portal and get the printout.
- Request the latest property tax clearance certificate from BBMP, proving that taxes are paid up to the most recent quarter. Unpaid taxes become your liability otherwise.
- Utility Bills (Water & Electricity):
- In Malleshwaram, many older buildings are on BWSSB (Bangalore Water Supply & Sewerage Board) water. Confirm water bills are paid up to date.
- If the society has a separate booster pump or private supply, check that arrears aren’t pending to avoid surprises.
- For electricity, most societies have a bulk meter arrangement—RWA collects payments. Confirm that the seller has no pending dues; or, if the flat has a separate meter (rare in Malleshwaram), get a clear bill.
- In Malleshwaram, many older buildings are on BWSSB (Bangalore Water Supply & Sewerage Board) water. Confirm water bills are paid up to date.
- Home Loan Closure Certificate:
- If the seller had taken a home loan, get a Home Loan NOC and Closure Certificate from the lender. Only then can they legally transfer the title free of any mortgage. Keep a copy for your records.
- If the seller had taken a home loan, get a Home Loan NOC and Closure Certificate from the lender. Only then can they legally transfer the title free of any mortgage. Keep a copy for your records.
The moment you skip a no-dues check, you risk inheriting unpaid bills or levies. Always verify these before handing over the earnest money deposit.
7. Handling Societies & Maintenance Issues
In resale, you’re effectively walking into an already operating society with its own rules, financial health, and maintenance culture. Legally, you want to ensure the society is well-run, solvent, and compliant:
7.1 Society Incorporation & Bye-Laws
- Review Society Registration Certificate: Ask the seller for a copy of the society’s registration certificate (under Karnataka Societies Registration Act). Check the date of incorporation—if it’s older than 2008, special rules may apply regarding amendments.
- Inspect Bye-Laws: Get a copy of the RWA bye-laws, which outline
- Maintenance Charges: How they’re calculated, frequency of revision.
- Reserve Fund / Sinking Fund: Purpose, current corpus, and if the society levies any special charge (e.g., for exterior painting or repairs).
- Usage Rules: For common amenities (lift, generator, gym, clubhouse). Confirm that no surprise adhoc levies (like ₹50,000 for a new generator) are pending.
- Maintenance Charges: How they’re calculated, frequency of revision.
7.2 Minutes of Annual General Meetings (AGMs)
- Why It Matters: AGMs record discussions on maintenance budgets, pending legal disputes, and upcoming expenses. You want to see if the society is proactive or if they have deferred major repairs indefinitely.
- What to Do:
- Ask for AGM Minutes (Last 2–3 Years): Check if the caretaker or secretary has filed these in the society office.
- Look for Writes-Ups on Major Expenditures: For example, if the lift cables were due for replacement in January 2024 at a cost of ₹10 lakh, ensure that was budgeted and paid.
- Check Attendance & Quorum: A society where only 5–6 members attend AGMs regularly signals low member engagement—possibly poor financial governance.
- Ask for AGM Minutes (Last 2–3 Years): Check if the caretaker or secretary has filed these in the society office.
7.3 Common Area Condition & Structural Audit Reports
- Structural Audits: Many Malleshwaram blocks from the 1990s have undergone structural audits (mandatory if buildings are older than 20 years).
- Confirm that any audit findings have been addressed—for instance, if an audit flagged “minor plaster cracks” and recommended repointing terrace slabs, ensure the work was done and receipts exist.
- Ask for proof of filing these audit reports with BBMP.
- Confirm that any audit findings have been addressed—for instance, if an audit flagged “minor plaster cracks” and recommended repointing terrace slabs, ensure the work was done and receipts exist.
- Maintenance Responsibility:
- Some societies contract out maintenance to private vendors. Confirm in writing who handles plumbing, electrical, and pest control.
- Check whether the fire safety equipment (extinguishers, alarms) is up to date and serviced annually.
- Some societies contract out maintenance to private vendors. Confirm in writing who handles plumbing, electrical, and pest control.
8. Additional Legal Precautions
Beyond title, no-dues, and society governance, a few more legal areas deserve particular attention when buying a resale flat in Malleshwaram.
8.1 Stamp Duty & Registration Process
- Stamp Duty Rates:
- In BBMP East (which includes Malleshwaram), stamp duty is 5.6% for male buyers or 5.4% for female buyers, calculated on the higher of circle rate or sale consideration (circle rates in Malleshwaram hover around ₹10,000–₹11,000 per sq ft as of 2025) .
- Registration fee is an additional 1% of the recorded sale value.
- In BBMP East (which includes Malleshwaram), stamp duty is 5.6% for male buyers or 5.4% for female buyers, calculated on the higher of circle rate or sale consideration (circle rates in Malleshwaram hover around ₹10,000–₹11,000 per sq ft as of 2025) .
- Negotiating Papered Value:
- Sellers may quote ₹1.8 Cr for a 1,200 sq ft flat (₹15,000 per sq ft), but circle rate might be ₹11,000 per sq ft. If you negotiate the sale deed value to ₹13,000 per sq ft, you save on stamp duty:
- At ₹15,000 per sq ft → Stamp Duty = 5.6% of ₹1.8 Cr = ₹10.08 lakh.
- At ₹13,000 per sq ft → Stamp Duty = 5.6% of ₹1.56 Cr = ₹8.74 lakh. You save ₹1.34 lakh.
- At ₹15,000 per sq ft → Stamp Duty = 5.6% of ₹1.8 Cr = ₹10.08 lakh.
- Exercise caution: undervaluing too much can lead to valuation officers questioning the transaction. Aim for a number close to circle rate to avoid complications.
- Sellers may quote ₹1.8 Cr for a 1,200 sq ft flat (₹15,000 per sq ft), but circle rate might be ₹11,000 per sq ft. If you negotiate the sale deed value to ₹13,000 per sq ft, you save on stamp duty:
- Required Documents at Sub-Registrar Office:
- Sales Deed (Original + 2 Copies) on appropriate stamp paper (₹500 for BBMP).
- Khata Certificate & Extract (A-Khata mandatory for registration).
- Encumbrance Certificate (up to last month).
- Proof of Identity & Address of both parties (Aadhaar, Passport, Voter ID).
- PAN Cards of Buyer & Seller (mandatory to record PAN on registration documents).
- Passport-Sized Photos (4–6).
- Sales Deed (Original + 2 Copies) on appropriate stamp paper (₹500 for BBMP).
- Registration Tips:
- Arrive early (8–9 AM) at the Sub-Registrar Office in Malleshwaram to avoid long queues.
- Confirm the SDM (Sub-Divisional Magistrate) stamp and official seals to prevent future disputes.
- Retain the registration slip number and obtain a photocopy of the registered sale deed before leaving.
- Arrive early (8–9 AM) at the Sub-Registrar Office in Malleshwaram to avoid long queues.
8.2 Tax Implications & Capital Gains
- Short-Term vs. Long-Term Capital Gains:
- If the seller bought the flat less than 2 years ago, any profit on sale is a Short-Term Capital Gain (STCG), taxed at the seller’s slab rate. If held more than 2 years, it’s a Long-Term Capital Gain (LTCG) taxed at 20% with indexation.
- As a buyer, you can request the seller’s Capital Gains statement to see how they calculated tax—this can reveal whether this is a rushed sale (e.g., to save tax) or a measured decision.
- If the seller bought the flat less than 2 years ago, any profit on sale is a Short-Term Capital Gain (STCG), taxed at the seller’s slab rate. If held more than 2 years, it’s a Long-Term Capital Gain (LTCG) taxed at 20% with indexation.
- Impact on Your Cost Basis:
- If you plan to resell later, your cost basis (for your own capital gains calculation) includes the purchase price + stamp duty + registration fee. Keep those receipts carefully.
- If you plan to resell later, your cost basis (for your own capital gains calculation) includes the purchase price + stamp duty + registration fee. Keep those receipts carefully.
- GST Considerations:
- For resale flats, GST is not applicable (only new flats attract GST). However, if the seller is a developer who is selling an inventory unsold for over 2 years, clarify they’re not treating it as a “new sale” with GST implications.
- For resale flats, GST is not applicable (only new flats attract GST). However, if the seller is a developer who is selling an inventory unsold for over 2 years, clarify they’re not treating it as a “new sale” with GST implications.
8.3 NRI & Female Buyer Benefits
- NRI Buyers:
- Confirm that the flat is not a rental property (some sellers rent out for short-term stays)—banks won’t fund rentals that straddle tourist usage.
- Ensure FEMA (Foreign Exchange Management Act) compliance: funds should come from an NRE/NRO account.
- Check if the property has any power-of-attorney (PoA) held by a local—lenders often have specific clauses on PoA transactions.
- Confirm that the flat is not a rental property (some sellers rent out for short-term stays)—banks won’t fund rentals that straddle tourist usage.
- Female Buyers/Joint Titles:
- Karnataka offers a slight stamp duty concession (0.2%) if the property is registered solely in the name of a female buyer or jointly (male + female) .
- This concession can save you about ₹50,000 on a ₹2.5 Cr transaction.
- Karnataka offers a slight stamp duty concession (0.2%) if the property is registered solely in the name of a female buyer or jointly (male + female) .
9. Common Pitfalls & How to Avoid Them
Even with all the right documents, mistakes happen. Here are frequent issues in Malleshwaram resale deals and how to avoid them:
- Incomplete Ownership Chain
- Pitfall: Seller produces only the last two sale deeds (e.g., 2010 and 2022) but misses older transfers.
- Avoid: Insist on at least 3–4 deeds going back to when the builder first sold the flat. Verify each on the BBMP e-portal or Kaveri.
- Pitfall: Seller produces only the last two sale deeds (e.g., 2010 and 2022) but misses older transfers.
- H-Khata with No Clear Conversion Plan
- Pitfall: Buying an H-Khata flat without budgeting for conversion to A-Khata.
- Avoid: Insist the seller convert to A-Khata before transfer or budget 10% of circle rate for conversion charges.
- Pitfall: Buying an H-Khata flat without budgeting for conversion to A-Khata.
- Pending Society Dues
- Pitfall: Seller claims no dues, but society bills surface post-handover.
- Avoid: Obtain a “No-Dues Certificate” from the society, signed by the secretary or treasurer, listing all outstanding charges are settled. Confirm on society bank statements if possible.
- Pitfall: Seller claims no dues, but society bills surface post-handover.
- OC Mismatch
- Pitfall: Buyer sees a 10-story building in person, but the OC is for a 5-story structure (implying 5 illegal floors).
- Avoid: Cross-check the OC against the onsite building plan. If there’s a mismatch, BBMP could serve a stoppage notice or demand demolition. Walk away from such deals.
- Pitfall: Buyer sees a 10-story building in person, but the OC is for a 5-story structure (implying 5 illegal floors).
- Incorrect Stamp Duty Calculation
- Pitfall: Seller insists on stamping at ₹2 Cr (to save stamp duty), but actual negotiation was ₹2.5 Cr. This undervaluation invites a stamp duty assessment by BBMP after registration, potentially costing you thousands.
- Avoid: Ensure the sale deed value matches the negotiated price (subject to circle rate). If your negotiated price is above circle, stamp duty on circle rate; if below, on negotiated value.
- Pitfall: Seller insists on stamping at ₹2 Cr (to save stamp duty), but actual negotiation was ₹2.5 Cr. This undervaluation invites a stamp duty assessment by BBMP after registration, potentially costing you thousands.
- Ignoring Floor Rise & Renovation Approvals
- Pitfall: Buyer doesn’t realize that the seller added a mezzanine or changed balconies without society/BBMP permission.
- Avoid: Inspect each modified area. If the seller says “We just did minor interior work,” ask for society’s approval letters or BBMP renovation NOC.
- Pitfall: Buyer doesn’t realize that the seller added a mezzanine or changed balconies without society/BBMP permission.
- Missing Developer Guarantees
- Pitfall: Original builder offered a 5-year structural warranty in 2018, but seller says, “That’s expired; we don’t know what happened.”
- Avoid: Ask for any warranty certificates still in force, and clarify who is responsible for structural defects. If the builder merged or was acquired, find out if warranty transfers.
- Pitfall: Original builder offered a 5-year structural warranty in 2018, but seller says, “That’s expired; we don’t know what happened.”
10. Step-by-Step Legal Checklist
Below is a concise checklist to follow from Day 1 until you take possession. Tick these off as you go to ensure nothing slips through the cracks:
- Initial Property Shortlist
- Confirm seller’s identity and basic details (single owner, joint owners, NRI, etc.).
- Check listing price vs. circle rate; note any discrepancies.
- Confirm seller’s identity and basic details (single owner, joint owners, NRI, etc.).
- Preliminary Document Request
- Title Deed (original and 2 photocopies).
- Encumbrance Certificate (last 15–20 years).
- Khata Certificate & Extract (must be A-Khata or confirm H-Khata conversion).
- Recent Property Tax Paid Receipts (last 2–3 years).
- Occupancy Certificate & Approved Building Plan.
- Society No-Dues Certificate (maintenance, sinking fund, pending levies).
- Loan NOC (if seller had a home loan).
- Title Deed (original and 2 photocopies).
- Verification & Due Diligence
- Cross-verify title deed on Kaveri / BBMP portals.
- Verify EC entries: ownership transfers, mortgages, liens.
- Verify Khata status on BBMP e-portal.
- Verify OC & building plan on BBMP/BDA portals.
- Check RERA registration (if under-construction build post-2017).
- Speak to society committee members about any hidden issues (leaks, legal disputes, structural cracks).
- Cross-verify title deed on Kaveri / BBMP portals.
- Property Inspection
- Physical inspection for any unauthorized construction or modifications.
- Check balcony, toilet, and plumbing for water seepage—important in older Malleshwaram flats.
- Note any common area failures: elevator servicing, generator condition, fire safety compliance.
- Physical inspection for any unauthorized construction or modifications.
- Legal Consultation
- Hire a real estate lawyer or legal advisor specializing in Bangalore property.
- Have them review all documents, title chain, and draft sale agreement.
- Vet any Power of Attorney if seller is out-of-station/NRI.
- Hire a real estate lawyer or legal advisor specializing in Bangalore property.
- Sale Agreement Drafting & Negotiation
- Ensure exact property description (survey number, flat number, floor plans).
- List price, payment schedule (EMD, cheque installments, balance on registration).
- Mention any furniture/fixtures included (e.g., wardrobes, AC units).
- Clause on “as-is, where-is” vs. seller repair obligations.
- Penalty schedule for either party’s default (e.g., 10% for EMD forfeiture).
- Ensure exact property description (survey number, flat number, floor plans).
- Execute Sale Agreement (on stamp paper)
- Pay Earnest Money Deposit (EMD)—5–10% of agreed price.
- Both parties sign with witnesses; keep a copy of EMD receipts.
- Pay Earnest Money Deposit (EMD)—5–10% of agreed price.
- Obtain Home Loan Sanction (if applicable)
- Share all vetted documents with lender.
- Ensure lender does an independent legal audit of the title.
- Get Loan Sanction Letter before moving to registration.
- Share all vetted documents with lender.
- Transfer Khata & Utility Accounts
- Apply for Khata Transfer at BBMP ward office: submit all prior documents and pay conversion penalties if needed.
- Transfer water bill (BWSSB) and electricity accounts (BESCOM) to your name—ask society for current month’s bills.
- Apply for Khata Transfer at BBMP ward office: submit all prior documents and pay conversion penalties if needed.
- Registration at Sub-Registrar Office
- Pay stamp duty (5.6%) + registration fee (1%).
- Both seller and buyer (or their PoA holders) must be present, with photographs and ID proofs.
- Record the sale deed; obtain registered deed copy.
- Pay stamp duty (5.6%) + registration fee (1%).
- Post-Registration Tasks
- Collect Khata Extract in your name.
- Obtain Mutation (name change in municipality records).
- Ensure society issues Occupancy Certificate in your name (for example, for electricity, broadband connections).
- Change name on RWA records—get a new membership and access society notices.
- Collect Khata Extract in your name.
- Take Possession & Handover
- Get written possession certificate, noting any outstanding maintenance or repairs to be done by seller before handover.
- Conduct a handover inspection: check if the flat is vacated, keys for common areas (roof, basement) are provided, and any previously agreed minor repairs are complete.
- Get written possession certificate, noting any outstanding maintenance or repairs to be done by seller before handover.
By methodically following these steps, you minimize legal and financial risk.
11. Conclusion & Final Advice
Buying a pre-owned flat in Malleshwaram can be deeply rewarding—offering a piece of the city’s history, excellent connectivity, and robust appreciation potential. Yet, the resale market demands keen legal vigilance. Here’s a short recap of the essentials:
- Verify Title & EC: Demand an unbroken chain of ownership and a clean encumbrance certificate going back at least 15 years.
- Confirm Khata Status: Only buy A-Khata properties or commit to converting an H-Khata immediately.
- Check the OC & Sanctioned Plan: Ensure the building you see is the building on record—no extra floors or unauthorized wings.
- Secure No-Dues Certificates: From society, BBMP (property tax), and utility boards (BWSSB, BESCOM).
- Watch Out for Hidden Costs: Conversion penalties, society arrears, pending maintenance levies, or unapproved modifications.
- Leverage Professional Help: A good real estate lawyer can save you lakhs by spotting subtle title issues or faulty documentation.
Above all, remember that Malleshwaram’s cachet is built on its heritage, tree canopy, and community feel. By ensuring all your legal ducks are in a row, you’ll enjoy not just a flat, but a true Malleshwaram experience—and a property that remains a sound investment.
Source : Fulinspace.com