Key takeaway
A registered sale deed does not guarantee good title. Before paying anything, trace the ownership history, search for charges and litigation, confirm approvals and match the land records. Have a lawyer give a written title report.
Step 1: Collect copies from the seller
- Current title deed and earlier chain documents
- Encumbrance certificate
- Mutation entries and property tax receipts
- Approved plan and occupancy or completion certificate
- Identity documents of all owners and any power of attorney
Step 2: Trace the chain of title
Lawyers commonly trace ownership for about 30 years, checking each transfer — sale, gift, will, partition or inheritance — for gaps, missing heirs or defects. Every link should be properly stamped and, where required, registered.
Step 3: Search for encumbrances
An encumbrance certificate from the sub-registrar shows registered transactions such as mortgages. Also ask for loan closure letters if the property was mortgaged, and check whether the original title deeds are with a bank.
Step 4: Check land and municipal records
- Revenue records (record of rights, khatauni, patta or 7/12 extract) — many states have online portals.
- Survey numbers, area and boundaries should match the deeds.
- Property tax should be paid and in the seller’s name.
Step 5: Search for litigation
Search the eCourts services for cases involving the property or the seller, and ask the seller for a written declaration of no pending litigation.
Step 6: Confirm approvals
- Building plan sanction and occupancy certificate
- RERA registration and approvals for new projects
- Land use permitted for the purpose
Step 7: Public notice and title report
A newspaper notice inviting objections is often advisable. Your lawyer then gives a written report listing any conditions to be met before payment.
NRI-specific checks
- FEMA — NRIs and OCIs cannot buy agricultural land, plantations or farmhouses.
- If the seller is an NRI, the buyer must deduct TDS at the non-resident rate.
- Pay only through banking channels.
Frequently asked questions
Can I do the checks myself?
You can view some records online, but a lawyer’s search and report is advisable.
Does mutation prove ownership?
No, mutation is a revenue entry; title comes from documents and inheritance.
Should I pay a token advance before verification?
Preferably not, or only on terms that allow a refund if the title is defective.
Related LegalCops services
References
- Transfer of Property Act, 1882
- Registration Act, 1908
- Real Estate (Regulation and Development) Act, 2016
- Suraj Lamp & Industries v. State of Haryana (2011)
Last reviewed: November 2026.
The information provided is for general educational purposes only and does not constitute legal advice. Applicable laws and procedures may vary depending on the facts, jurisdiction, and circumstances of each matter. Consult a qualified legal professional before taking action.
