Property litigation is slow, expensive, and largely preventable. In most disputes we see, the problem existed before the buyer paid — it was simply never looked for. A proper title investigation costs a fraction of the transaction and a tiny fraction of a suit.
Trace the Chain of Title
The seller's ownership has to be traced back through prior transfers, conventionally for thirty years, to confirm that each transfer was valid and that the person selling actually has the right to sell. A break anywhere in that chain travels with the property, and it becomes the buyer's problem the moment the sale deed is executed.
Check the Encumbrance Certificate
An encumbrance certificate from the sub-registrar shows registered transactions against the property over a chosen period, including mortgages and charges. It is a necessary check but not a complete one: unregistered arrangements and oral agreements will not appear on it, which is exactly why the physical and revenue enquiries below still matter.
Confirm Land Use and Approvals
Land use classification, building plan sanction, and completion or occupancy certificates all need to be verified against what is actually built. Agricultural land that has not been lawfully converted cannot simply be used for a house, and construction beyond the sanctioned plan is a liability that passes to the buyer.
Verify Possession and Revenue Records
Who is actually in possession, and do the mutation and revenue records reflect the seller? Tenants, family members in occupation, and disputed partition claims are not visible in the registry. A physical inspection and a look at the local records catch what the paperwork does not.
Where the Property Is Under Development
For a project covered by RERA, registration details, the promoter's track record, and the terms of the builder-buyer agreement all deserve scrutiny before booking. Many of the clauses buyers accept without reading are precisely the clauses that later prevent them from getting relief.
A title investigation before purchase is straightforward work with a defined scope. Doing it afterwards, in a suit for possession or specific performance, is neither.
This article explains the position in general terms and is not legal advice. Speak to an advocate about your own facts before acting on it.
