FAQs and Documents Required for Real Estate

Q: What documents should be verified before purchasing a residential or commercial unit?
A: Start with the land owner's ownership documents, including the title certificate.

The Development Agreement, where the developer holds development rights rather than direct ownership.
The building plan approved by the competent local authority — typically the Bhubaneswar Development Authority or Bhubaneswar Municipal Corporation.
The Commencement Certificate.

Any other permissions issued by the competent authority, depending on the nature of the plot or type of development.
Where construction is already complete, the Occupancy Certificate or Building Completion Certificate.
The draft Agreement for Sale, along with the project brochure covering specifications, layout, and amenities.

Q: What document is executed once a purchaser decides to proceed with a unit?
A: The developer enters into an Agreement for Sale with the purchaser, in the format prescribed under the Real Estate (Regulation and Development) Act, 2016 ("RERA") and the Odisha Real Estate (Regulation and Development) Rules, 2017.

Q: What is the procedure for executing the Agreement for Sale?

The process has three stages:
First, payment of the applicable stamp duty on the Agreement for Sale.
Second, execution of the Agreement for Sale by the developer/promoter and the purchaser.
Third, registration of the Agreement for Sale.
Here's a closer look at each step:

(I) Stamp Duty

Unless agreed otherwise, the stamp duty is borne by the purchaser, in line with the Indian Stamp Act, 1899 as applicable in Odisha.
The amount payable is calculated on the market value of the unit, based on the guideline value notified for that locality.
Market value refers to the price the unit would fetch in the open market on the date of execution, as determined by the area's notified guideline rate.
Stamp duty can be paid electronically through the e-Stamping facility provided by the Stock Holding Corporation of India Limited (SHCIL), the agency authorised for this in Odisha.
(II) Execution

Once stamp duty is paid, the Agreement for Sale is signed by all parties — the developer/promoter and the purchaser(s). Every page must carry the signatures of all parties, and the document should be witnessed by at least two people who provide their full names, signatures, and addresses.
(III) Registration

The signed and stamped Agreement for Sale must be lodged with the jurisdictional Sub-Registrar's office for registration within four months of its execution.
Where unavoidable circumstances cause a delay beyond this period, the Registrar may condone it on payment of the penalty prescribed under Section 25 of the Indian Registration Act, 1908 — provided the document is presented within eight months of the original execution date.
Registering the Agreement for Sale is mandatory under Section 17 of the Indian Registration Act, 1908.
A registration fee also applies, calculated on the unit's market value and subject to the cap notified by the State Government from time to time.
This information is provided for general guidance only and does not constitute legal advice. We recommend consulting a qualified professional before acting on anything described here.