• Conduct a due diligence of the property at the local registrar’s office that has jurisdiction over the property. This can be done through a lawyer. Ideally, the lawyer will check the last seven mutations on the khata register. This will help identify the identity of the true owners of the land. Title search spanning 30 years is effective and favoured by financiers.

  • The lawyer should be able to tell whether the property is subject to litigation either directly or incidentally or facing requisitions/compulsory acquisition.

  • Insist on original title deeds, especially for land. Often, promoters and developers begin projects when they are yet to be granted full ownership of the land from the original owners. There is a higher risk of delay in transactions should negotiations run into troubled waters. In instances where one is purchasing property under development, this may not be possible vis-à-vis builders. However if banks are financing such a developer, then get a confirmation from the bank that has already conducted it’s own diligence on that property and approved financing it.

  • Consult the local ward office to see if the property is situated within grid for utilities – such as electricity, water supply etc.

  • If the agreement between the purchase and the builder includes building costs, make sure that the payments are linked to completion of work at certain stages.

  • Try to incorporate as many specific details as possible for construction such as indentified types of fittings, particular components used in construction, etc. Each of these becomes a term of the contract and the builder is bound to provide these specifically.