A Property Title Check is the process of verifying whether the ownership of a property is legally valid, clear, and free from disputes.
Before buying, renting, or investing in any land or building, it is important to check if the seller truly owns the property and if there are no legal problems attached to it.
A proper title check protects you from fraud, financial loss, and future disputes.
What is a Property Title Check?
A Property Title Check confirms:
- Who legally owns the property
- Whether the ownership is clear and marketable
- Whether the property has disputes, loans, or court cases
- Whether all documents are genuine and valid
It is one of the most important steps in real estate transactions in India.
Benefits of a Property Title Check
1. Protects You from Fraud
Ensures the seller is the real and lawful owner.
2. Avoids Legal Disputes
Identifies court cases, encroachments, or ownership conflicts.
3. Confirms Free and Clear Ownership
Checks whether the property is mortgaged or under debt.
4. Ensures Valid Documents
Helps verify the authenticity of sale deeds, approvals, and certificates.
5. Required for Home Loans
Banks conduct title verification before approving loans — doing it early saves time.
6. Makes Future Sale Easier
A clean title increases property value and ease of resale.
Step-by-Step Process for Property Title Check in India
Step 1: Collect Basic Property Details
Start with:
- Survey number
- Plot number
- Property address
- Owner’s name
- Previous sale deeds
These details help in accessing public records.
Step 2: Verify the Chain of Ownership (Sale Deeds)
Check the last 30–40 years of ownership documents, including:
- Sale deeds
- Gift deeds
- Partition deeds
- Transfer documents
Ensure the ownership has passed legally from one party to the next.
Step 3: Check Encumbrance Certificate (EC)
Obtain the Encumbrance Certificate from the sub-registrar office or online.
EC shows:
- Mortgages
- Loans
- Liens
- Court attachments
A clean EC means there are no financial liabilities.
Step 4: Check RERA Registration (for New Projects)
For under-construction properties, verify if the project is registered on the RERA portal of the state.
RERA ensures:
- Builder approvals
- Project status
- Legal compliance
Step 5: Verify Land Records and Mutation
Check government land records for:
- Mutation details
- Property tax records
- Ownership entries
- Revenue records (e.g., 7/12, Khata, Patta)
This confirms the seller’s name is correctly entered in government records.
Step 6: Check Approved Layout Plans
Ensure that the building plan, layout, and construction approval are sanctioned by the local municipal authority.
Step 7: Verify No Legal Disputes
Check if:
- The property is involved in any court case
- There is any stay order or dispute
- There is any family conflict related to ownership
Step 8: Confirm Seller Identity and Authority
Verify the seller’s:
- ID proof
- PAN
- Address
- Power of attorney (if applicable)
Make sure the seller has the legal right to sell the property.
Step 9: Consult a Property Lawyer
A legal expert can help review documents and identify risks that are not visible at first glance.
Key Documents Required for Title Check
- Sale Deed
- Mother Deed / Chain of Title
- Encumbrance Certificate
- Property Tax Receipts
- Approved Building Plan
- RERA Certificate
- Occupancy Certificate (OC) / Completion Certificate (CC)
- Mutation Records
FAQ
Q1. Is a Property Title Check mandatory?
Not legally, but highly recommended to avoid fraud and disputes.
Q2. What is an Encumbrance Certificate?
EC shows loans, mortgages, or legal dues on the property.
Q3. Do banks verify property titles?
Yes, banks conduct title verification before approving home loans.
⚠ Disclaimer
This article provides general information about property title checks in India. Actual requirements and verification steps may vary by state, property type, and local regulations. Always consult a qualified property lawyer or legal expert before purchasing or investing in any property.