Buying any real estate is one of the financial and domestic decisions in life. But in India, many purchasers usually become victims of fraud or endless litigations because the buyers did not bother to confirm the proper title to the property.
Title verification, in the truest sense, offers the solution. A title search determines whether the seller is the true owner or not, confirming that the land in question is unencumbered, and determining the best way to transfer the property so that the title can be rightly transferred. This title verification guide explains a step-by-step procedure for title verification process in India, including a list of requires documents, government portals to check, the entire legal process, and some landmark court judgments to keep an eye on.
What Is a Property Title?
The property title works as the birth certificate of your house. If it is not clear, then the entire ownership is legally unclear.
A clear title means:
- The owner has the legal right to sell
- There are no hidden debts or disputes
- The land has changed hands legally
If even one of these conditions fails, the property can land you in years of litigation.
Need A Legal Advice
The internet is not a lawyer and neither are you. Talk to a real lawyer about your legal issue
Why Title Verification Save from Making a ₹70 Lakh Mistake
When one of our client showed the property documents to a legal expert, he found that the EC didn’t show a loan that was still active.
Here’s why title verification is non-negotiable:
- Prevents fraud and fake owners
- Keeps you out of long legal disputes
- Required for home loan sanction
- Ensures smooth possession
- Protects you during resale and mutation
Laws Governing Property Titles in India
The key laws in India are as follows:
- Transfer of Property Act, 1882
- Indian Registration Act, 1908
- Real Estate (Regulation and Development) Act (RERA), 2016
- Indian Succession Act, 1925
- Indian Easements Act, 1882
- State-specific Land Revenue Acts
How to Verify Property Title in 10 Clear Steps
1. Started with the Mother Deed – The Family Tree of Property Ownership
What to check:
- A clear chain from the original owner to the present should be seen in the document.
- Look for registered transactions (sale, gift, partition, etc.)
Case Law: Narinder Singh Rao v. Air Vice Marshal Mahinder Singh Rao (2009): The court decided that a poor mother carry out might declare the entire claim void.
2. Reviewed the Sale Deed: The Present-Day Proof
This is the main legal proof of who owns the property today. Mine was thankfully registered with full details.
What we verified:
- Seller and buyer details
- Property description
- Signatures and witnesses
Case Law: Suraj Lamp & Industries Pvt. Ltd. v. State of Haryana (2012): The Supreme Court determined that only a registered sale deed qualifies as a valid sale, and that sales carried out through broad powers of attorney are invalid.
3. Cross-Checked the Registration Online
We the lawyers visited Delhi’s DORIS portal and searched the document number from the sale deed for our client. It confirmed the deed was registered and matched the seller’s name.
Tip: Every state has a portal. Examples:
- Maharashtra: mahabhulekh.gov.in
- Karnataka: landrecords.karnataka.gov.in
4. Examined the Revenue Records: Khata, Patta, Jamabandi
This step was tricky. In Delhi, the MCD had not updated the name despite the property being sold years ago. We applied for correction.
What to check:
- Seller’s name should match in Khata or Patta
- Land classification (residential, agricultural, etc.)
Case Law: K.K. Verma v. Union of India (1954): Revenue records, though not absolute proof, are strong supporting evidence of ownership and possession.
5. Got the Encumbrance Certificate (EC)
The EC showed the property was mortgaged for a loan that was still running. Seller had cleared it but didn’t register the release deed.
Always:
- Request EC for past 30 years
- Check for active mortgages, court attachments, or unpaid loans
Case Law: S.G. Banu v. T. Manoharan (2017): A clean EC isn’t enough if it’s not up-to-date.
6. Checked Mutation Records: To Update Govt Revenue Data
Mutation doesn’t give ownership, but it’s mandatory for property tax and other municipal records.
7. Checked Land Use and Zoning
The land was originally agricultural. The builder had conversion approval into residential.
Check with:
- Municipal or Town Planning Office
- Master Plan documents
Without conversion, residential construction is illegal.
8. Verified Builder’s NOCs and RERA Status
For our client’s apartment, we the lawyers cross-verified that the builder had:
- Fire Department NOC
- Environmental Clearance
- Water and Electricity Approvals
- Registered under Delhi RERA
Why this matters: Without these, your flat may be declared unauthorized.
9. Ran a Litigation Check: Is the Property in Court?
We used the eCourts portal and searched by seller’s name. Also checked district court records. No pending case = relief.
Case Law: M.C. Chockalingam v. Mangilal (1969): The Supreme Court upheld the Doctrine of Lis Pendens (Section 52 of TPA): property under dispute cannot be sold.
10. Visited the Site And Got a Reality Check
Don’t trust just papers. You should:
- Visited the location
- Spoke to local residents
- Verified possession and fencing
Red flags to avoid:
- Tenants refusing to vacate
- Illegal construction or land grabbers
Why to Hire a Lawyer?
A property lawyer did:
- 40-year title search
- Verified sale and mother deeds
- Drafted sale agreement with indemnity clause
Pro tip: Banks do the same before giving home loans. You should too, lawyer fees are cheaper than court cases.
What If the Title Is Defective?
- Immediately refuse the transaction
- Ask for rectification deed from seller
- Issue a public notice in newspapers before paying token money
- Consult a property expert
Case Law: G. Suryanarayana v. St. Thomas Orthodox Syrian Church (2004): Ignorance of defective title is not a good excuse to challenge an already registered sale deed.
What is Title Insurance?
Title Insurance is like a safety net. It protects you from:
- Unknown title defects
- Fraudulent claims
- Future litigation costs
Now mandatory for some RERA projects. You can buy it from ICICI Lombard, HDFC Ergo, etc.
Final Words: Be Smart, Verify Every Step
- Property buying isn’t just emotional, it’s deeply legal
- Don’t rush. Double-check everything
- And above all, get legal help before money changes hands
- A clear title today means no courtroom tomorrow.
One can talk to lawyer from Lead India for any kind of legal support. In India, free legal advice online can be obtained at Lead India. Along with receiving free legal advice online, one can also ask questions to the experts online free through Lead India.
FAQs
1. What is the difference between a Title Deed and Sale Deed?
A Title Deed confirms ownership history (like a Mother Deed), while a Sale Deed is the final, registered agreement that transfers ownership from seller to buyer.
2. How long should I go back and check the chain of title on property before buying it?
Experts say the title should be verified for at least 30 to 50 years. To ensure that no existing encumbrance, claim, or dispute will either fall in place or continue from way back presenting difficulties of title.
3. What should I do if the seller refuses to share original property documents?
This is a red flag. Always demand to see originals before proceeding. If the seller has no way to provide them, delay the sale and have a real estate attorney look into the matter.
Talk to a Lawyer