Legal Property

Property Verification

Property fraud is rarely crude. It is a missing link document in a thirty-year chain, an equitable mortgage that never reached the register, a suit filed last year that the seller did not mention, a power of attorney from a principal who died, or a daughter whose share nobody accounted for. None of it is visible in the one registered deed a seller is happy to show. Estabizz assists buyers, investors, lenders, NRIs, companies and families with title chain and link document review, encumbrance and CERSAI searches, litigation search, revenue and municipal record checks, RERA and approval verification, power of attorney and succession review, possession and tenancy assessment, dues verification, and a risk-rated report with clear conditions before payment.

📅 2026
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⏱️ 17 min read
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👁️ Regulatory Guide
Focus: Property Verification
Title chain
Conventionally 30 years
Do it
Before the advance
Key risk
Unregistered charges
Output
Risk-rated report

Overview

In simple terms… verification answers one question in several parts: can this person lawfully give me what I am paying for, and will anyone else be able to take it back?

India does not operate a title guarantee system. Registration records that a transaction happened; it does not certify that the person who executed the deed had anything to convey. That single fact explains why due diligence here is heavier than buyers expect, and why a registered sale deed — the document sellers produce first and buyers find most reassuring — is the beginning of the enquiry rather than the end of it.

The defects that cause real loss are almost never visible in that deed. They sit in the chain behind it, in registers the buyer did not search, and in a court file nobody mentioned.

Quick Answer

Property verification is not a licence or a registration. It is legal due diligence carried out before a property transaction.

It covers title and the chain of ownership, encumbrances registered and unregistered, pending litigation, revenue and municipal records, statutory approvals, RERA status for a project property, possession, dues and the authority of whoever is signing. It is not legally compulsory. It is the difference between discovering a defect while you still hold the money and discovering it afterwards.

Verify Before the Money Moves

Verification after the advance has been paid is a post-mortem. Once a substantial sum has moved, the buyer’s position changes completely: the leverage is gone, walking away means litigating for a refund, and the pressure to complete a flawed transaction becomes commercial rather than legal. The time to find a defect is while a token amount is at stake and the agreement has not been signed.

StageWhat should already be done
Before the token amountPreliminary title review, encumbrance search, physical inspection, seller identity
Before the agreement to sellFull chain of title, litigation search, approvals, RERA, dues and possession
Before the agreement is executedConditions to completion identified and written into the agreement
Before the balance considerationEvery condition satisfied — charge released, dues cleared, heirs joined
Before the sale deedFinal encumbrance search close to the date, and no-dues certificates refreshed
Before a loan disbursementLender-standard title scrutiny and valuation
Before a mortgage is createdConfirmation of clear title and absence of a prior charge
Before a commercial leaseLessor’s title and authority, permitted use and registration requirement
Before investing in a projectPromoter title to the land, approvals and RERA compliance

What Verification Covers

AreaWhat is examinedSource
OwnershipWhether the seller holds a transferable interestTitle deeds and the chain
Title chainEach transfer from the root of title to the present ownerRegistered instruments, succession documents, decrees
Registered encumbrancesMortgages, charges and registered dealingsEncumbrance certificate, Sub-Registrar index
Unregistered chargesEquitable mortgage by deposit of title deedsCERSAI search; custody of original deeds
LitigationPending suits, injunctions, attachments and decreesCourt records and e-courts portals
Revenue recordsRecord of rights, mutation, tenancy and land classificationRevenue department and land record portals
Municipal recordsProperty tax, assessment and transfer entriesLocal body
ApprovalsLayout, building plan, commencement and occupancy certificatesPlanning and municipal authority
Land useZoning, permitted use and conversionPlanning authority and revenue records
RERAProject registration, disclosures, progress and complaintsRERA portal
SocietyShare certificate, NOC, dues and transfer rulesHousing society
PossessionWho is actually in occupation, and on what basisPhysical inspection
DuesTax, maintenance and utilitiesAuthority and service providers
Authority to signOwner, attorney, karta, director or trusteeConstitutional and authority documents
SuccessionAll heirs identified and accounted forSuccession documents and family records
Statutory restrictionsAgricultural, tribal, ceiling, coastal and acquisition restrictionsState law and notifications

Regulatory Framework

ParticularApplicable framework
Property transferTransfer of Property Act, 1882
Registration of instrumentsRegistration Act, 1908
Stamp dutyIndian Stamp Act, 1899 and State stamp legislation
Real estate projectsReal Estate (Regulation and Development) Act, 2016
Contract enforcementIndian Contract Act, 1872 and Specific Relief Act, 1963
Limitation and adverse possessionLimitation Act, 1963
Secured lending and enforcementSARFAESI framework and the CERSAI register
Apartments and societiesState apartment ownership and co-operative societies legislation
Land records and mutationState land revenue codes and record-of-rights rules
Planning and building approvalsMunicipal, development authority and town planning legislation
SuccessionIndian Succession Act, 1925 and the applicable personal law
Benami riskThe benami transactions framework
Cross-border acquisitionFEMA and the regulations on immovable property
Fraud and forgeryBharatiya Nyaya Sanhita, 2023, where documents are forged
EvidenceBharatiya Sakshya Adhiniyam, 2023, including Sections 61 to 63 for digital records
AuthoritiesSub-Registrar, revenue department, municipal body, planning authority, RERA, courts and lenders

Key Provisions

ProvisionWhy it matters in verification
TPA, Section 5 and 6What may be transferred, and what may not
TPA, Section 8What passes with a transfer, including incidents of the property
TPA, Section 52Lis pendens — a transfer during a pending suit does not defeat the decree
TPA, Section 53Fraudulent transfer, where a transfer defeats creditors
TPA, Section 53APart performance, read with Registration Act Section 17(1A)
TPA, Section 54Sale, and the requirement of a registered instrument
TPA, Section 55The seller’s duty to disclose material defects in title
TPA, Section 58Forms of mortgage, including by deposit of title deeds
TPA, Sections 105 and 107Lease, and registration requirements
TPA, Sections 122 and 123Gift and the registered instrument
Registration Act, Section 17Documents of which registration is compulsory
Registration Act, Section 47A registered deed operates from execution, not registration
Registration Act, Section 49An unregistered compulsorily registrable document does not affect the property
Limitation Act, Article 65The twelve-year period behind adverse possession claims
Specific Relief ActSpecific performance, and what a buyer can enforce
RERA, Sections 3, 4, 11 and 19Project registration, disclosures, promoter duties and allottee rights
SARFAESI frameworkEnforcement by a secured creditor against the property
BSA, Sections 61 to 63Admissibility of online records, portal extracts and digital documents

The Title Chain

The chain is the heart of the exercise. Each instrument must connect to the next without a gap, and each transferor must have held what they purported to transfer.

Link in the chainWhat to verify
Root of titleThe earliest instrument relied on — typically going back thirty years
Each sale deedRegistration, parties, description, and that the seller had title
Each gift or settlementExecution, attestation, acceptance and registration
PartitionAll co-owners joined, and the share allotted to this chain
Release or relinquishmentWho released, in whose favour and whether all parties joined
Succession on a deathTestate or intestate, the heirs, and whether all were accounted for
A decree or court orderThe decree, whether it is final, and whether it was challenged
Government grant or allotmentConditions attached, and whether they were complied with
Conversion or regularisationThe order, and whether conditions were satisfied
Each mutation entryWhether the revenue record follows the deeds — and where it does not, why
Continuity of descriptionThat the property described is the same throughout the chain

Defects cluster at the non-sale links. Sales are documented, stamped and registered, so they are easy to follow. It is the partitions, the releases, the deaths and the family arrangements that produce gaps — a sibling who never signed, an heir nobody listed, an oral arrangement recorded nowhere. When a chain looks clean apart from one unexplained transition, that transition is usually the problem.

What an Encumbrance Certificate Does Not Show

The encumbrance certificate is the document buyers rely on most and understand least. It is an extract of registered transactions relating to the property for a stated period. Its value is real, and its limits are substantial.

RiskShown in the EC?How to check it
Registered mortgageYesThe EC itself, and the charge satisfaction
Registered sale, gift or leaseYesThe EC for an adequate period
Equitable mortgage by deposit of title deedsGenerally notCERSAI search; custody of the original title deeds
Pending litigation and injunctionsNoCourt record and e-courts search against the owners
Attachment before judgmentSometimes, if registeredCourt records
Unregistered agreement to sellNoEnquiry, possession check and seller declarations
Unregistered tenancy or licenceNoPhysical inspection of the property
Property tax and statutory duesNoMunicipal and utility no-dues certificates
Society dues and transfer restrictionsNoSociety NOC and dues certificate
Oral family arrangement or unrecorded claimNoSuccession review and family enquiry
Acquisition or reservation notificationNoPlanning authority and notifications
Entries under a different property descriptionMissedSearch across survey numbers and prior descriptions
Transactions outside the period requestedNoRequest an adequate period — thirty years where it matters

A clean encumbrance certificate narrows the risk. It does not eliminate it, and a transaction structured on the belief that it does is structured on a misunderstanding.

Litigation and Lis Pendens

Buying property that is the subject of a pending suit means buying the outcome of that suit. Section 52 of the Transfer of Property Act provides that where a suit directly and specifically concerning rights to immovable property is pending, the property cannot be transferred so as to affect the rights of any other party under the decree that follows. A purchaser during litigation is bound by the result — however honest the purchase, and whatever the deed says.

SearchAgainst whatWhy
Civil court recordsThe seller and prior owners, by nameTitle suits, partition suits and injunction proceedings
e-Courts portalsParty names across the relevant districtsPending and disposed matters
High Court recordsParty namesAppeals, writs and second appeals
Revenue court recordsThe property and the partiesMutation disputes and tenancy proceedings
Consumer and RERA recordsThe promoter, for project propertyBuyer complaints and orders against the promoter
Tribunal recordsThe owner entityInsolvency, debt recovery and company matters
Criminal recordsWhere fraud is suspectedCheating and forgery complaints concerning the property
Attachment and recovery proceedingsThe ownerTax, debt and enforcement attachments
Public noticeThe transaction itselfA notice inviting claims, where locally customary

The GPA Sale Problem

A transaction structured as a general power of attorney with an agreement to sell and a will — the so-called GPA sale — remains common in some markets and remains a poor basis for ownership. The Supreme Court has held that such a combination does not convey title. What the buyer acquires is possession, a bundle of documents and a serious problem on resale.

ScenarioPositionWhat to do
Buying through a GPA sale structureTitle does not pass; you are not the ownerInsist on a registered conveyance from the title holder
Seller acts under a POA for the true ownerCan be perfectly validVerify the power, its scope and its subsistence
The principal has diedThe power is at an endThe transaction cannot proceed on that power
The power has been revokedNo authority remainsCheck for a revocation and obtain a declaration
The power does not describe this propertyLikely insufficientObtain a specific power
The power is unregistered or unstampedMay not be recognised at the registryAdjudication and, where required, registration
The power was executed abroadNeeds authenticationApostille or consular attestation, then adjudication in India
A prior purchaser holds only a GPA structureA gap in the chainThe defect must be cured before you buy into it

Inherited and Family Property

QuestionWhy it matters
Did the deceased leave a Will?Testate and intestate succession produce different heirs
Who are all the legal heirs?An omitted heir retains their share and can sue
Daughters’ shares in coparcenary propertyOlder family arrangements frequently assumed otherwise; the position is settled
Has every heir joined or released?A transfer by some co-owners conveys only their shares
Is a release deed registered?An unregistered release of immovable rights does not operate
Was there a partition, and is it documented?An oral partition is hard to establish against a later claimant
Is a minor's interest involved?Court permission may be required; absence of it makes the transfer vulnerable
Is a probate or succession document available?Probate is no longer compulsory, but the Will still has to be proved to the asset holder
Has mutation followed the succession?A revenue record inconsistent with the claimed devolution needs explaining
Is there a pending family dispute?Litigation search against all heirs, not just the seller

Since the omission of Section 213 of the Indian Succession Act in December 2025, probate is no longer a statutory precondition to establishing a right under a Will — but proof of the Will is still required, and from a buyer’s standpoint a grant remains the strongest comfort where the Will could be challenged. See Probate Service for when it is still worth obtaining.

Builder and Project Property

RERA registration is not a title certificate. It confirms the project is registered and that prescribed disclosures have been made. It does not establish that the promoter holds clear, marketable title to the land, and it does not protect a buyer against a defect in that title. The two exercises are separate, and both are necessary.

CheckWhat it tells you
RERA registration number and validityWhether the project is registered and still within its period
Promoter details and other projectsTrack record, and complaints across projects
Title certificate filed with the authorityThe promoter’s own legal position on the land
Land title independently verifiedWhat the certificate does not tell you
Sanctioned plans and layoutWhat was approved, against what is being sold
Commencement certificateWhether construction was lawfully begun
Declared completion date and extensionsDelay risk and the promoter’s own admissions
Quarterly progress updatesWhether filings match the site
Carpet area as defined by the ActPrevents a super built-up area claim
The agreement for saleWhether it follows the prescribed form and the promoter’s obligations
Complaints and orders against the promoterBuyer disputes and regulatory findings
Agent registrationWhether the intermediary is registered
Occupancy and completion certificatesFor a completed or near-complete project
Bank account disciplineWhether project receipts are being handled as disclosed

Land and Agricultural Property

CheckWhy it is State-specific and critical
Classification of the landAgricultural, non-agricultural, forest or government land
Who may purchase agricultural landSeveral States restrict purchase to agriculturists or residents
Ceiling limitsHoldings above the limit may be void or liable to be surrendered
Conversion to non-agricultural useThe order itself, and whether its conditions were met
Tenancy entries in the record of rightsTenancy can confer substantive rights against the owner
Tribal land restrictionsTransfers are often prohibited or require sanction
Government grant conditionsNon-alienation periods and reversion clauses
Acquisition notificationsLand under acquisition, or reserved in a development plan
Coastal and environmental zonesRestrictions on construction and use
Survey, boundaries and actual areaRecord against the physical measurement on the ground
Access and right of wayLandlocked parcels are frequently sold as though they are not
EncroachmentOnly a physical inspection reveals it

Possession and Tenancy

Observation on siteWhat it may indicate
Someone other than the seller in occupationA tenancy, licence, caretaker arrangement or adverse claim
A tenant refusing informationA protected tenancy, or a dispute already underway
Boundaries inconsistent with the planEncroachment, or a different parcel than described
Construction where the record says vacantUnapproved construction, or the wrong property
A locked, long-unoccupied propertyPossession risk, and a possible competing claim
Utility connections in another nameA prior dealing not disclosed
Separate entrances or sub-divisionInformal partition or multiple occupiers
Notices or seals on the propertyMunicipal action, attachment or enforcement
A board of a bank or lenderSARFAESI enforcement in progress
Neighbours aware of a disputeWorth asking; neighbours often know what registers do not

Physical inspection is the step most often delegated to the broker and most often where the fraud is. For NRI and out-of-city buyers, appoint someone independent of the seller and the intermediary to go and look.

Red Flags That Should Stop a Deal

Red flagWhy it is serious
Original title deeds not producedPoints to an equitable mortgage or a prior dealing
A gap in the title chainA competing claim can sit in the gap
Seller’s name differs across documentsIdentity or title defect, or impersonation
Sale pressed urgently at a discountClassic indicator of a defect or a competing claim
Insistence on a GPA structureTitle will not pass
Refusal to allow a physical inspectionPossession or occupancy problem
A tenant or occupant nobody disclosedPossession dispute built into the purchase
Litigation discovered on searchLis pendens — you take subject to the decree
A heavy portion of the price demanded in cashTax, benami and evidentiary exposure
Occupancy certificate absentLending, insurance, utilities and resale all affected
Unapproved construction on the propertyDemolition risk and a report no lender will accept
Mutation inconsistent with the deedsThe record and the documents disagree about ownership
A family member who has not signedFuture claim by the omitted co-owner
Agricultural land sold to a non-eligible buyerThe transfer may be void under State law
A lender board or an enforcement noticeThe secured creditor’s rights override yours
Documents produced only as photocopiesVerify against the registry; forgeries circulate as copies

How the Verification Runs

StepActivityOutput
1Initial consultationProperty, transaction stage and the buyer’s exposure
2Document checklistTransaction-specific list issued immediately
3Seller and authority reviewIdentity, capacity and the power to transfer
4Title chain reviewEach link examined for continuity and validity
5Registration verificationDeeds checked against the registry record
6Encumbrance searchAdequate period, with charge satisfaction traced
7CERSAI searchSecurity interests not visible in the encumbrance certificate
8Revenue and municipal recordsRecord of rights, mutation and assessment
9Approvals reviewLayout, plan, commencement and occupancy
10RERA verificationProject property — registration, filings and complaints
11Litigation searchCourts, tribunals and revenue proceedings
12Succession reviewHeirs, releases and family claims
13Physical inspectionPossession, boundaries, construction and occupants
14Dues verificationTax, society, maintenance and utilities
15Risk reportFindings, red flags and a clear recommendation
16Closing conditionsWhat must be done before payment and before the deed
17Transaction supportAgreement and deed terms reflecting the conditions

Documents Required

DocumentPurpose
Latest title deedCurrent ownership
Prior title deeds and mother deedThe chain of title
Agreement to sell, if executedTerms already agreed
Encumbrance certificate for an adequate periodRegistered dealings and charges
Original title deeds, for inspectionCustody indicates whether an equitable mortgage exists
Mutation and record of rightsRevenue record of ownership
Property card, khata, 7/12, patta or jamabandiState-specific land record
Property tax receiptsDues and assessment
Utility billsOccupancy and connection holder
Approved layout and building planWhat was sanctioned
Commencement, completion and occupancy certificatesLawfulness of construction and occupation
Conversion orderWhere agricultural land has been converted
RERA registration and filingsProject property
Society share certificate, NOC and no-duesCo-operative property
Loan closure letter and charge releaseDischarge of a mortgage
CERSAI search resultRegistered security interests
Release, relinquishment, gift or partition deedsNon-sale links in the chain
Will, succession or heirship documentsDevolution on a death
Power of attorney and any revocationAuthority of the signatory
Court orders and pleadings, if anyLitigation affecting the property
Entity constitutional and authority documentsWhere the owner is a company, LLP, firm or trust

The Verification Report

ComponentWhat it should state
Scope and periodWhat was examined, over what period, and what was not
Property identificationSurvey, plot, flat, area and boundaries
Owner and authorityWho holds title and who may transfer it
Chain of titleEach link, with the instrument and its registration particulars
Gaps and unexplained linksStated plainly, not glossed over
Encumbrance findingsWhat the search showed, and for what period
Unregistered charge assessmentCustody of originals and the CERSAI position
Litigation findingsSearches conducted and what they returned
Revenue and municipal positionRecord of rights, mutation and dues
Approvals and RERAWhat exists, what is missing
PossessionWho is in occupation and on what basis
Documents not producedExplicitly listed — absence is a finding
Assumptions and limitationsWhat the opinion depends on
Red flagsRanked, with the consequence of each
Closing conditionsWhat must happen before payment and before registration
ConclusionClear, conditional or do not proceed

A report that lists documents without reaching a conclusion has not done the job. The buyer needs a decision: proceed, proceed only if specified conditions are met, or do not proceed. Conditions should be drafted so they can go straight into the agreement — the charge released before the balance payment, every heir joined as a confirming party, the occupancy certificate produced before possession.

NRI Transactions

RiskWhy NRIs are exposedControl
Physical inspection skippedThe buyer is not in the countryAppoint an independent person, not the broker or the seller’s contact
Power of attorney misuseBroad powers given to a relative or agentNarrow, specific, time-limited powers; revoke when done
Seller impersonationIdentity harder to verify remotelyIndependent identity verification against registry records
Family property sold without all heirsDistance makes family claims harder to detectFull succession review and heir confirmation
Occupation by a relative or caretakerLong absence invites possession claimsPhysical inspection and documented occupancy
Unpaid dues accumulatingBills do not reach the ownerNo-dues certificates refreshed close to completion
Litigation unnoticedSummons served at an Indian addressLitigation search against the owner and the property
Forged documents in the chainCopies accepted because originals are inconvenientVerify against the registry, not against the copy
Tax and repatriationDifferent TDS regime for a non-resident sellerAddress before completion — see Property Registration
Remote executionDocuments executed abroad need authenticationApostille or consular attestation, planned early

For the tax and registration steps on an NRI transaction, including the non-resident TDS position under the Income-tax Act, 2025, see Property Registration.

Lender-Side Verification

CheckWhy the lender requires it
Borrower’s ownershipOnly an owner can create a valid mortgage
Marketable titleThe security must be saleable on enforcement
Chain of title to the lender’s standardUsually thirty years
Prior chargesThe lender’s rank in the security
CERSAI search and registrationExisting interests, and registering the new one
Original title deedsDeposit of originals creates the equitable mortgage
Encumbrance certificateRegistered dealings
Litigation searchAn encumbered or disputed security is no security
Approvals and occupancyAffects valuation and saleability
Mutation and revenue recordConsistency with the title documents
PossessionOccupied security complicates enforcement
ValuationLoan-to-value and realisable value
InsuranceProtection of the secured asset

See Property Valuation for how lenders assess market, realisable and distress value, and why their figure often differs from the owner’s expectation.

Where Buyers Get Caught

ProblemConsequenceHow we address it
Advance paid before verificationLeverage gone; refund means litigationVerification sequenced before the token amount
Reliance on one registered deedThe chain behind it was never examinedFull chain and link document review
Encumbrance certificate treated as conclusiveEquitable mortgages and litigation missedCERSAI search, original deed custody and court search
No litigation searchLis pendens binds the buyer to the decreeSearches against owners and prior owners
GPA structure acceptedTitle does not passInsist on a registered conveyance from the title holder
POA not verified as subsistingA power ends on the principal’s deathVerification of the power, the principal and any revocation
Heirs omitted in inherited propertyA future suit by the omitted heirSuccession review and release deeds from every heir
RERA registration taken as title comfortLand title never verifiedIndependent title verification alongside RERA checks
Occupancy certificate not insisted onLending, utilities, insurance and resale affectedTreated as a closing condition
No physical inspectionTenants, encroachment and boundary errors missedIndependent inspection, documented with photographs
Agricultural land restrictions ignoredThe transfer may be voidState-specific eligibility and conversion review
Dues checked too earlyArrears accrue between check and completionNo-dues certificates refreshed near completion
Findings not written into the agreementThe report identified the risk; the contract did not manage itClosing conditions drafted into the agreement

Our Services

ServiceWhat we do
Title search and chain reviewEach link from the root of title to the present owner
Link document reconstructionIdentifying and sourcing missing instruments
Deed reviewCurrent and prior registered documents examined
Encumbrance searchAdequate period, with charges traced to satisfaction
CERSAI and security interest searchCharges not visible in the encumbrance certificate
Litigation searchCourts, tribunals, revenue and consumer records
Revenue and municipal record reviewRecord of rights, mutation and assessment
Approval reviewLayout, plan, commencement, occupancy and land use
RERA verificationRegistration, filings, progress and complaints
Power of attorney reviewValidity, scope, subsistence and misuse risk
Succession reviewHeirs, Wills, releases and family claims
Possession and inspection coordinationIndependent physical verification
Dues verificationTax, society, maintenance and utilities
Agreement reviewTerms, payment schedule, conditions and default
Risk reportFindings, red flags and a clear recommendation
Closing conditionsDrafted so they can go into the agreement
Lender-side scrutinyTitle and security review for banks and NBFCs
NRI remote due diligenceDocument review, inspection coordination and authentication
Ticket-based trackingDocuments, searches, observations, draft report and closing support

FAQs

1. What is property verification?

Legal due diligence on a property before a transaction — establishing that the seller owns what they are selling, that it is transferable, that nothing is charged on it or pending about it, and that the approvals and records support the use intended.

2. Is it legally mandatory?

No. It is a commercial and legal precaution, not a statutory requirement. A buyer who skips it bears the consequences, because the doctrine of constructive notice treats a purchaser as knowing what a reasonable enquiry would have revealed.

3. When should it be done?

Before the token or advance is paid, not before registration. Money paid on a defective title is recovered, if at all, after litigation. Verification is cheap at the start and worthless once the consideration has moved.

4. How far back should the title chain go?

Thirty years is the conventional period for establishing a marketable title in most transactions, which aligns with the limitation framework for adverse possession claims. Lenders and institutional buyers often insist on it. For a flat in a registered project the practical period may be shorter, from the project land onwards.

5. What is a link document?

Any instrument in the chain that connects one owner to the next — a sale deed, a gift, a partition, a decree, a succession document. A gap in the chain is exactly where a competing claim sits, and it is the first thing a careful lawyer looks for.

6. What does an encumbrance certificate show?

Registered transactions and charges relating to the property for the period requested, drawn from the Sub-Registrar’s index. It is useful and it is not complete.

7. What does it not show?

A great deal: an equitable mortgage created by deposit of title deeds, which is usually not registered; unregistered agreements and tenancies; pending litigation; tax and statutory dues; oral family arrangements; and anything indexed against a different description of the property. Treating it as a clean bill of health is a common and expensive error.

8. How do I check for an equitable mortgage?

Ask for the original title deeds and examine whether they are with the seller. Search the CERSAI register, which records security interests including mortgages by deposit of title deeds. A seller unable to produce originals needs to explain why.

9. What is lis pendens?

Section 52 of the Transfer of Property Act. Where a suit directly concerning rights to immovable property is pending, a transfer during the suit does not affect the rights of the other party under the court’s eventual decree. A buyer who purchases pending litigation takes subject to the outcome, whatever the deed says.

10. So a litigation search matters?

Considerably. Court records, including the e-courts portals, should be searched against the names of the seller and the prior owners, and against the property where local records permit. A seller’s declaration that there is no litigation is not a search.

11. Is a registered sale deed enough on its own?

No. A registered deed records a transaction; it does not guarantee that the person who executed it had title to convey. Registration is not a title guarantee system. The chain behind the deed is what establishes title.

12. Is mutation proof of ownership?

No. Mutation is a revenue or municipal record maintained for fiscal purposes and has repeatedly been held not to confer or prove title. It is useful corroboration and nothing more.

13. Can I rely on a sale through a general power of attorney?

You should be very cautious. The Supreme Court has held that a transaction through a general power of attorney, an agreement to sell and a will does not convey title. A GPA sale may give possession and a bundle of documents; it does not make you the owner.

14. What if the seller is selling under a POA on behalf of the owner?

That is different and can be perfectly valid, but it needs checking: that the power is genuine and properly executed and stamped, that it covers sale of this property, that it has not been revoked, and crucially that the principal is alive — a power of attorney ends on the principal’s death.

15. What about inherited property?

Every person entitled to a share must be identified and must join the transfer or release their interest. An omitted heir is a future suit, and a daughter’s share in coparcenary property is a recurring source of claims where older family arrangements assumed otherwise.

16. Does RERA registration mean the project is safe?

No. RERA registration confirms the project is registered and that certain disclosures have been made. It says nothing about whether the promoter has clear title to the land, and buyers routinely conflate the two. Check both.

17. What should I check on the RERA portal?

The registration number and validity, the promoter details, the sanctioned plans and layout, the declared completion date and any extension, quarterly progress updates, the title certificate filed with the authority, and any complaints or orders against the promoter.

18. Why does the occupancy certificate matter?

Without it the building is not lawfully fit for occupation. It affects lending, utility connections, insurance and resale, and a buyer who takes possession without it inherits a problem that can take years to regularise.

19. What is special about agricultural land?

A great deal, and it varies by State — who may purchase, whether the buyer must be an agriculturist, ceiling limits, tenancy entries that confer rights, and whether conversion to non-agricultural use has actually been granted. A purchase made without checking State-specific restrictions can be void.

20. Should I check possession physically?

Always. Visit the property and see who is in it. A tenant in occupation, an encroachment, a boundary that does not match the plan, or a structure where the record says vacant land are things no document search reveals.

21. What if there are unpaid dues?

Property tax, maintenance, society and utility arrears attach in practice to the property and are pursued from whoever is in occupation. Obtain no-dues certificates dated close to completion, not months before.

22. What does CERSAI tell me?

It is a central register of security interests. A search can reveal a charge created by a lender that would not appear in an encumbrance certificate, particularly a mortgage by deposit of title deeds.

23. What is SARFAESI risk?

Where the property secures a defaulted loan, the secured creditor can enforce under the SARFAESI framework, including possession and sale. Buying such a property without the lender’s release is buying into an enforcement process.

24. Can verification be done remotely for an NRI?

Largely yes. Registered documents, revenue records, RERA filings and court records are increasingly available online. What cannot be done remotely is the physical inspection, and that is precisely where NRI transactions are most often exploited — so appoint someone independent to go and look.

25. What does the report tell me?

What was examined, what the documents establish, what is missing, what the risks are, and whether the transaction should proceed, proceed on conditions, or not proceed. A report that lists documents without a conclusion has not done the job.

26. What is the biggest mistake in property buying?

Paying a substantial advance on the strength of one registered deed and a broker’s assurance. By the time the defect surfaces the money has gone and the remedy is a suit.

Expert Insight

“India does not guarantee title, so a registered deed proves a transaction happened, not that the seller owned anything. The defects that cost people money are the ones no single document shows — an equitable mortgage with no entry in the register, a suit filed last year, a daughter whose share nobody counted, a power of attorney from a principal who has died. Each of those is found by a specific search, and all of them are found cheaply before the advance and expensively afterwards.”
— CS Devyani Khambhati, Compliance Expert

Disclaimer

This guide is general information, not matter-specific legal advice, and it is not a title opinion. Property law, land records, revenue procedure, agricultural land restrictions, stamp duty and registration practice are substantially governed by State legislation and differ materially between States; the position for a particular property must be assessed locally and on its own documents. Searches of public records are limited by what those records contain and by the accuracy of indexing, and no due diligence can eliminate risk entirely. Parts of this guide remain under professional review. Estabizz provides document review, searches, record verification, inspection coordination and risk reporting; title opinions and court appearance are through advocates. Confirm the position with your advocate before paying any consideration.

The Encumbrance Certificate Is Not a Clean Bill of Health

It shows registered dealings. It does not show equitable mortgages, pending litigation, unregistered tenancies or statutory dues — which is where most defects actually live.