Two in three civil cases in India's courts are about land or property. How to commission a title check before you pay.

In a survey of 9,329 litigants across 24 states, 66% of civil cases were about land or property. A title check by your own lawyer is how you avoid becoming one. Here's what to ask for, which documents usually matter, and what bank approval, RERA and the encumbrance certificate can't tell you.

GulmoharUpdated 24 October 20264 min read
Key findings
66.2%
Share of civil cases about land or property, among 9,329 litigants surveyed in 24 states
2011
The year the Supreme Court held that power-of-attorney 'sales' don't transfer ownership

India's courts are full of property disputes. In DAKSH's survey of 9,329 litigants across 24 states, 66.2% of civil cases were about land or property, more than six times the next category.

What civil cases in Indian courts are about
Land or property
66.2%
Family matters
10.0%
Other
8.2%
Recovery of money
8.1%
Permanent injunction
3.4%

Subject of civil cases among 9,329 litigants interviewed in 305 locations across 24 states, November 2015 to February 2016. Source: DAKSH, Access to Justice Survey 2015-16.

Most of those disputes start long before anyone goes to court, often with a defect in who owned what. A title check by your own lawyer, before you pay, is how you find it while you can still walk away.

What a title check is for

A title check asks one question: can this seller legally transfer this property to you, free of other claims? That means looking at:

  • Ownership. Who owns the property now, and how they came to own it.
  • Charges. Loans, mortgages or other claims registered against it.
  • Disputes. Court cases or claims that could affect the sale.
  • Authority to sell. For a new project, whether the developer has the right to sell your flat, for example under an agreement with the landowner.

It's separate from checking approvals like the building plan or occupancy certificate, though your lawyer may review those too. Agree in writing which of these are in scope.

Choose your own lawyer, with local experience

Use a lawyer who acts for you, not for the seller, developer or bank, and who regularly handles property transactions where the property is. Land records, registration practice and common problems differ between states.

Ask for a written scope before they start, and a written opinion at the end that lists what they reviewed, what they found, what's missing and their view on whether to proceed.

Documents your lawyer may ask for

Your lawyer decides what's needed and how far back to go. As a starting point:

Buying resale

  • The seller's sale deed and earlier deeds in the ownership chain
  • Encumbrance certificate from the sub-registrar
  • Property tax receipts and utility bills
  • Society share certificate and no-dues letter, if applicable
  • If the seller had a loan: the lender's closure letter and release of the mortgage

Buying from a developer

  • The developer's title documents for the land, or the development agreement with the landowner
  • Approved building plan and, where applicable, commencement certificate
  • RERA registration for your phase. See how to check RERA
  • The draft agreement for sale

Inherited property, or someone signing on another's behalf

  • Succession documents, such as a will with probate where required, or a succession certificate
  • Consent of all legal heirs, as your lawyer advises
  • The power of attorney and its registration, if anyone in the chain signed for someone else

On that last point: the Supreme Court held in 2011 that "GPA sales" or "SA/GPA/WILL transfers" do not convey title. Ownership passes through a registered sale deed. If a past transfer happened through a power of attorney arrangement, your lawyer needs to look at it closely.

What other checks can and can't tell you

CheckWhat it helps withWhat it doesn't do
Encumbrance certificateShows registered transactions and charges for the period searchedShows nothing that wasn't registered, such as many family claims or court cases
Bank's legal review for your loanA sign the lender saw no blocking issueIsn't advice to you; it protects the bank's loan
RERA registrationConfirms the project and promoter are on the state record, with disclosuresIsn't a title opinion or a delivery guarantee
Gulmohar evaluationCompares the price with nearby listings, checks it fits your finances and, if you pick the project from our RERA registry, reads its status and the developer's recordDoesn't review title documents or court records; your answers on title and disputes are taken as given

Act on what the lawyer finds, before you pay

When the opinion comes back, go through it with your lawyer:

  • Missing documents. Ask the seller for them in writing, and don't pay until you have them.
  • Problems that can be fixed before the sale, such as an old loan that needs formal closure. Agree who fixes it and by when, and have your lawyer word the agreement so you don't pay until it's done.
  • Problems that can't be fixed quickly, such as a disputed inheritance or a pending case. Your lawyer can explain the risk; often the safest choice is not to proceed.

A lower price doesn't fix a title problem. It just means you paid less for a property you may not fully own.

Your commissioning checklist

ItemWhat to record
PropertyAddress, survey or plot number, flat number
SellerLegal name of the owner or developer, and who is signing
Transaction typeResale, new project, inherited, power of attorney
Documents requestedList, with dates received
Scope agreed with your lawyerOwnership, charges, disputes, approvals
FindingsFrom the written opinion
Open conditionsWhat must be fixed, by whom, before payment
Lawyer's sign-offName, date, recommendation

Common questions

What is a property title check?

It's a review by a lawyer acting for you of whether the seller can legally transfer the property to you: who owns it, how they came to own it, and whether any loans, claims or court cases affect it. The documents and records reviewed depend on the state and the type of transaction, so agree the scope with your lawyer in writing.

Is a bank-approved home loan proof of clear title?

No. The bank's lawyer reviews the property to protect the bank's loan, and you usually can't rely on that review as advice to you. It's a useful signal, not a substitute for your own lawyer's written opinion.

Does an encumbrance certificate show everything?

No. It lists transactions registered with the sub-registrar for the period you ask for. Unregistered arrangements, family claims and court cases may not appear. Your lawyer decides which other records and searches are needed.

Does a power of attorney sale transfer ownership?

No. The Supreme Court held in Suraj Lamp & Industries v. State of Haryana (2011) that sales through a general power of attorney, sale agreement or will don't convey title. Ownership passes through a registered sale deed. If any earlier transfer in the property's history was done this way, ask your lawyer how it affects your purchase.

Sources

  1. Access to Justice Survey 2015-16 — DAKSH, 2016
  2. Suraj Lamp & Industries Pvt Ltd v. State of Haryana (judgment) — Supreme Court of India, via Indian Kanoon, 11 October 2011

Figures labelled “illustration” are worked examples with the inputs stated in the article, not market data. Spotted an error? Write to hello@gulmohar.ai and we will correct it.

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