Property Title Verification: 30-Point Checklist

By

Prashant Kumar Nair

Resource Library7 min read1,525 words

What this covers: 30 specific items to verify before purchasing property in India, whether residential, commercial, or agricultural. Each item includes what to check and where to verify it.

Key statutes: Transfer of Property Act 1882; Registration Act 1908; SARFAESI Act 2002; Real Estate (Regulation and Development) Act 2016; FEMA 1999.

A. Chain of Title (Items 1-6)

1. 30-Year Chain of Ownership Documents

  • What to check: All sale deeds, gift deeds, partition deeds, inheritance documents, court decrees, and power of attorney-executed conveyances from at least 30 years before the proposed purchase
  • Where to verify: Sub-Registrar of Assurances for the district; Index-II entries; seller’s original documents

2. Registered Title Documents

  • What to check: Is every link in the chain registered? Section 17 of the Registration Act, 1908 requires registration of all documents creating or assigning rights in immoveable property where value exceeds INR 100. Unregistered title documents in the chain are legally defective.
  • Where to verify: Sub-Registrar office; Registration Department

3. Current Ownership Consistency

  • What to check: Does the seller’s name in the title documents match their government-issued identity? Is the property described identically across all title documents (survey numbers, plot numbers, area)?
  • Where to verify: Title documents compared with Aadhar/PAN of seller

4. Probate/Succession for Inherited Property

  • What to check: If the seller has inherited the property, is there a registered will, a probate order from a court, or a succession certificate? Uncontested successions may have mutation records. Check for competing claims from other heirs.
  • Where to verify: Revenue records; probate court records; seller’s documents

5. Power of Attorney Transactions

  • What to check: Was any link in the chain executed by a Power of Attorney holder? Is the PoA registered? Is it still valid (not revoked, and not by a now-deceased principal)? Supreme Court has held that an unregistered PoA for conveyance of immoveable property is invalid.
  • Where to verify: Sub-Registrar of Assurances; confirm PoA was registered and not revoked

6. Partition/Family Settlements

  • What to check: If the property was part of a joint Hindu family (HUF) or a family property, is there a registered partition deed? Are all co-parceners’ signatures present?
  • Where to verify: Title documents; Revenue records

B. Encumbrance Search (Items 7-10)

7. Encumbrance Certificate (EC)

  • What to check: Apply for an EC from the Sub-Registrar for the property, the EC records all transactions, mortgages, charges, and encumbrances registered against the property
  • Period: 30 years minimum (matching the title chain)
  • Where to verify: Sub-Registrar of Assurances; many states now offer online EC search
  • What to check: Search the Central Registry of Securitisation Asset Reconstruction and Security Interest (CERSAI.org.in) for registered security interests over the property
  • Why: Banks are required to register mortgages and other security interests with CERSAI; an existing registered mortgage not visible in local registration records may appear here
  • Where to verify: cersai.org.in (online)

9. Outstanding Loans/Mortgages

  • What to check: Are there any existing loans secured against the property? The seller must provide a no-dues certificate from any lender with a charge over the property before sale; the mortgage must be discharged before or simultaneously with the sale
  • Where to verify: EC; CERSAI; lender’s no-objection certificate

10. Pending Litigation

  • What to check: Any court case in which the property is the subject of dispute, title disputes, partition suits, tenancy disputes, family property disputes
  • Where to verify: eCourts portal (ecourts.gov.in); High Court portals; district court records; search by property description and seller’s name

C. Revenue Records and Land Use (Items 11-15)

11. Mutation/Khasra/Jamabandi Records

  • What to check: Revenue records (maintained by the Tehsildar or Patwari) showing the recorded owner of the land; does the recorded owner match the seller?
  • Where to verify: Revenue/Tehsil office; some states have online portals (e.g., Delhi Land Records, UP Bhulekh)

12. Land Use / Change of Land Use

  • What to check: What is the land use classification under the relevant master plan (residential, commercial, industrial, agricultural)? Has a change of land use been granted if required?
  • Why: Purchasing agricultural land or land zoned for industrial use to build a residence requires a valid Change of Land Use (CLU) order
  • Where to verify: Development Authority (DDA for Delhi, HRERA/DTCP for Haryana); state government CLU records

13. Agricultural Land Restrictions

  • What to check: Is the property agricultural land? State laws restrict purchase of agricultural land by non-farmers. E.g., in many states, a person who is not an agriculturist cannot purchase agricultural land without state government permission.
  • Where to verify: Revenue records; state land ceiling and tenancy laws

14. Zonal Regulations and FSI/FAR

  • What to check: What is the permitted Floor Space Index (FSI) / Floor Area Ratio (FAR) for the plot? Does the existing construction comply with approved FSI?
  • Where to verify: Local body (municipal corporation/development authority); zoning maps

D. RERA and Construction Approvals (Items 16-19)

15. RERA Project Registration

  • What to check: For any under-construction project, is the project registered with the state RERA? What is the RERA registration number, completion date, and number of units?
  • Where to verify: State RERA portal (search by project name, promoter, or registration number)

16. Approved Building Plan

  • What to check: Is the building constructed as per the plan approved by the local authority (municipal corporation, development authority)? Are there any unauthorized deviations (additional floors, unauthorized construction)?
  • Where to verify: Local municipal corporation or development authority; compare approved plan with physical inspection

17. Completion Certificate / Occupancy Certificate

  • What to check: For completed buildings, is there a Completion Certificate (CC) or Occupancy Certificate (OC) issued by the local authority? Without a CC/OC, the construction may not be authorized for occupation.
  • Where to verify: Municipal corporation / development authority; seller’s documents

18. RERA Complaints Against Developer

  • What to check: Are there pending RERA complaints against the developer for the project? This may indicate systemic issues with the project.
  • Where to verify: State RERA portal (complaint registry)

E. Tax and Utility Status (Items 19-22)

19. Property Tax Outstanding

  • What to check: Outstanding property tax is a charge on the property; it must be cleared before or at the time of sale. Obtain a Property Tax No-Dues Certificate.
  • Where to verify: Municipal Corporation of the city

20. Water and Sewage Connection

  • What to check: Is there a legitimate water connection with no outstanding dues?
  • Where to verify: Local municipal water authority; seller’s utility bills and receipts

21. Electricity Connection

  • What to check: Has the electricity connection been issued for the premises? Any outstanding dues?
  • Where to verify: Relevant electricity distribution company

F. Special Situations (Items 22-30)

22. HUF / Trust Ownership

  • What to check: If the seller is a Hindu Undivided Family, all adult co-parceners must consent to and sign the sale deed. If the seller is a trust, the trust deed must authorize the sale and the trustee must have requisite power.
  • Where to verify: Trust deed; HUF deed; identity and consent of all co-parceners

23. NRI / Foreign Seller, FEMA Compliance

  • What to check: If the seller is a Non-Resident Indian or foreign national, the sale proceeds must be remitted through proper banking channels; TDS at higher rate applies under Section 195 of the Income Tax Act
  • Where to verify: Seller’s residency status; CA certificate on TDS obligations

24. Section 194IA TDS

  • What to check: For residential property purchases above INR 50 lakh, the buyer must deduct 1% TDS under Section 194IA of the Income Tax Act and deposit it to the government (Form 26QB)
  • Where to verify: Income Tax Act 1961; verify computation before registration
  • What to check: All persons registered as co-owners must sign the sale deed; a sale by one co-owner without the others’ consent is voidable
  • Where to verify: Title documents; identity of all co-owners

26. Land Acquisition / Government Notification

  • What to check: Has the government issued any land acquisition notification under the Land Acquisition Act or any development authority notification that may affect the property?
  • Where to verify: Revenue/Collector’s office; Official Gazette; enquiries with local development authority

27. Environmental Restrictions

  • What to check: Is the property in a restricted zone, within 500 metres of a national highway, in an eco-sensitive zone, near an airport (requiring height restrictions), or within a river’s flood plain?
  • Where to verify: MoEFCC notifications; airport authority restrictions; National Green Tribunal orders

28. Stamp Duty and Registration Charges

  • What to check: What is the applicable stamp duty in the state? Is there any circle rate (minimum valuation for stamp duty purposes) that will affect the registration?
  • Where to verify: State Stamp Act; circle rates published by the Sub-Registrar

29. Strata Title / Apartment Ownership Act

  • What to check: For apartment purchases, does the registered society or RWA have a registered Bye-Laws and proper common area ownership/maintenance documentation?
  • Where to verify: Apartment ownership act of the relevant state; society registration certificate

30. No-Objection Certificate from Housing Society

  • What to check: Is a NOC required from the registered housing society for the transfer of the flat?
  • Where to verify: Society’s Bye-Laws; seller’s communication with the society

This resource is for general information purposes only and does not constitute legal advice. For advice on your specific situation, seek appropriate professional counsel.

**Corpus Lawyers148 Lawyers Chambers, Saket Court Complex, New Delhi 110016mail@corpuslawyers.in**
Prashant Kumar Nair is an Advocate-on-Record at the Supreme Court of India. He practises across insolvency and restructuring, arbitration and dispute resolution, real estate and infrastructure, corporate and commercial law, taxation, intellectual property, regulatory and compliance, and capital markets law. He is a doctoral researcher at RGNUL focusing on the arbitration-insolvency interface. He is the founder of Corpus Lawyers.
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This article is for informational purposes only and does not constitute legal advice. The views expressed are those of the author in a personal capacity. Readers should seek independent legal counsel before acting on any matter discussed herein. While every effort has been made to ensure accuracy, the author makes no representation as to the completeness or currency of the information at the time of reading.

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