Verifying the title of a property before purchasing it is one of the most crucial steps in any property transaction in India. The “title” essentially refers to the legal ownership of the property, and ensuring a clear and marketable title protects the buyer from future disputes, fraud, or loss of ownership rights. As a legal professional, I advise prospective buyers to undertake a thorough due diligence process to verify the property’s title before finalizing the purchase.

Why Title Verification is Important

A property’s title must be free from any legal defects, encumbrances, claims, or disputes. Failure to verify the title can result in long-drawn legal battles, eviction, or financial loss. Title verification ensures that the seller has the right to transfer ownership and that the property is free from mortgages, liens, or litigation.

Step-by-Step Process to Verify Property Title

1. Obtain and Examine Sale Deed and Previous Title Documents
   The sale deed is the primary document evidencing transfer of ownership from the seller to the buyer. Ask the seller to provide the original sale deed along with all previous title documents tracing the chain of ownership. This chain of documents should go back several decades to establish clear title.

• Verify that the sale deed is registered at the local sub-registrar’s office.
• Check if the property has been transferred legally from one owner to another over time.
• Look for any discrepancies in names, descriptions, or property boundaries.

2. Check Encumbrance Certificate (EC)
   The Encumbrance Certificate is an official document issued by the sub-registrar’s office showing all registered transactions related to the property over a specified period, typically 13 to 30 years. The EC confirms whether the property is free from mortgages, charges, or other encumbrances.

• Obtain the EC for the entire duration of ownership.
• Look for any mortgages, liens, or legal charges listed against the property.
• Absence of encumbrances confirms clear title.

3. Verify Ownership and Tax Records
   Visit the local municipal corporation or revenue office to inspect property tax receipts and ownership records.

• Check whether the seller has been regularly paying property taxes.
• Verify the owner’s name in the revenue or municipal records.
• Confirm if the property assessment details match the actual property.

4. Confirm Property Boundaries and Survey Maps
   Check the physical boundaries of the property and compare them with survey maps or plot plans maintained by municipal or revenue authorities.

• Verify that the property dimensions mentioned in documents match the physical property.
• Confirm there are no disputes with neighboring properties.

5. Check for Court Cases and Litigation
   Conduct a thorough search to find if there are any ongoing or past legal disputes related to the property.

• Visit the local civil court or consult legal databases.
• Ensure there are no injunctions, attachments, or litigation involving the property.

6. Verify Title under the Relevant Law
   Check that the property title complies with applicable laws such as the Transfer of Property Act, Indian Registration Act, and local land revenue laws.

• Ensure the property is not subject to any restrictions under land ceiling laws, tenancy laws, or development regulations.
• Confirm compliance with zoning and building regulations.

7. Confirm Seller’s Identity and Authority to Sell
   Verify the seller’s identity through government-issued ID and ensure they have legal authority to sell the property.

• In case of a power of attorney holder, verify the authenticity of the power of attorney and ensure the principal is competent to authorize the sale.
• If the property is inherited, check legal heir certificates or succession certificates.

8. Due Diligence on Property Title Insurance (Optional but Recommended)
   Property title insurance provides protection against future defects or claims on title that were not discovered during due diligence.

• Consider obtaining title insurance for added security.

Documentation Checklist for Title Verification

• Original Sale Deed(s)
• Previous Title Documents (Gift Deeds, Partition Deeds, Will, etc.)
• Encumbrance Certificate (EC)
• Property Tax Receipts
• Mutation Records in Revenue Department
• Survey Maps or Layout Plans
• No Objection Certificates (NOCs) from authorities (if applicable)
• Identity Proof of Seller and Power of Attorney (if any)
• Legal Heir or Succession Certificates (if applicable)

Practical Tips for Buyers

• Engage a qualified lawyer to assist with document verification and due diligence.
• Conduct physical inspection of the property and verify its condition matches the documents.
• Cross-check seller’s claims with independent sources such as neighbors, municipal records, and online property portals.
• Avoid rush decisions; take adequate time for verification.