In short: before paying any advance for a flat, house or land, have an advocate verify the title (who owns it, and how they came to own it, going back about 30 years), check for loans and court cases on it (encumbrance certificate and litigation search), and confirm the building approvals. Most property disputes in India start with a purchase where these checks were skipped.
Documents to see before buying
- Title deeds: the seller's sale deed, gift deed, partition deed or will and probate, and the earlier deeds in the chain for about 30 years;
- Encumbrance certificate from the sub-registrar for the same period, showing mortgages and other registered transactions;
- Mutation and land records: the property recorded in the seller's name with the municipality or land records office (in West Bengal, the BL&LRO record of rights for land);
- Property tax receipts up to date;
- Sanctioned building plan, and the completion or occupancy certificate for a finished building;
- RERA registration for a project still being sold by the builder;
- No-objection from the bank, if the property is mortgaged, and from the housing society for a flat.
Red flags
- the seller holds only a power of attorney or an agreement for sale: the Supreme Court held in Suraj Lamp (2011) that these do not transfer ownership;
- several co-owners or legal heirs, but not all are signing;
- agricultural land being sold for housing without conversion;
- a price far below the market, or pressure to pay in cash;
- a pending case in the civil court or a bank's SARFAESI notice on the property.
Steps to a safe purchase
- Collect copies of documents and get a written title report from an advocate.
- Sign an agreement for sale that makes the advance refundable if the title is not clear.
- Publish a public notice in newspapers inviting objections, for larger purchases.
- Pay through banking channels, and register the sale deed. See registration and mutation.
Questions people ask
How do I check if a property has a clear title in India?
Ask for the title deeds for about 30 years, get an encumbrance certificate, check the land and municipal records and the tax receipts, search for court cases, and get a written title report from an advocate.
What is an encumbrance certificate?
A certificate from the sub-registrar's office listing registered transactions on a property, such as sales and mortgages, for the period you ask for.
Can I buy property on a power of attorney?
A power of attorney does not transfer ownership. The sale must be by a registered sale deed signed by the owner, or by an attorney specifically authorised to sell.
How much does property legal verification cost?
It depends on the property and how far back the title must be traced. It is a small fraction of the price and is the cheapest protection against a dispute.
Need help with a property matter?
PKS Legal advocates have practised since 1980. We are based in Kolkata and advise clients from across India by phone and video call. Tell us about your matter and an advocate will get back to you.
Become a ClientCall +91 81001 21141This guide gives general information about the law in India as on 11 November 2026. It is not legal advice for your situation, and reading it does not create a lawyer-client relationship. Rules and limits change; please take advice on your own facts.