In plain words: the glossy brochure and a friendly seller tell you nothing about whether the title is clean. Due diligence — checking the paperwork before you pay — is what protects your life savings from a disputed or mortgaged property.
Verify the chain of title
Trace ownership back through the chain of title deeds — ideally for the last 30 years, up to the 'mother deed'. Each transfer should be properly executed and registered, with no gaps. Confirm the seller is the true owner and has the authority to sell (check powers of attorney carefully).
Check for encumbrances and charges
- Obtain the Encumbrance Certificate to see registered mortgages, charges or liens.
- Check whether the property is mortgaged or pledged (including a CERSAI search for registered security interests).
- Ask for the latest property-tax receipts and utility bills, clear of dues.
Confirm approvals and permissions
- Approved building/layout plan and the Occupation/Completion Certificate for constructed property.
- RERA registration for an under-construction project, and the promoter's record on the RERA portal.
- Land-use and conversion — that the land is legally usable for the intended purpose (for example, agricultural land properly converted).
- For a flat, the society/association NOC and share certificate where applicable.
Confirm the records match reality
Check the mutation records (that revenue records show the correct owner), the survey numbers and measurements, and that the physical property matches the documents. A public notice in a newspaper inviting objections can surface hidden claims.
Get the transaction documents right
Vet the agreement to sell and the sale deed, pay the correct stamp duty, and register the deed at the Sub-Registrar. Keep the payment trail clean and documented.
Red flags to walk away from
- Seller reluctant to share original documents.
- Gaps or disputes in the title chain, or pending litigation.
- No OC/CC, or construction beyond the sanctioned plan.
- Pressure to pay large cash amounts or rush the deal.
Frequently asked questions
Do I really need a lawyer if there is an agent? Yes — an agent sells the deal; a lawyer protects your title and money independently.
Is an Encumbrance Certificate enough? It is essential but not sufficient — combine it with the title chain, approvals and physical checks.
What about resale flats? The same checks apply, plus society dues, the share certificate and prior loan closure.
How Vakil Help Desk helps
Vakil Help Desk runs full title due diligence, verifies approvals and encumbrances, drafts and vets the agreement and sale deed, and manages registration. Before you commit to a property, let us make sure the title is clean and the deal is safe.
This article is for general legal awareness, not individual legal advice. The right course depends on your facts and documents, and the law can change. Please consult a lawyer before acting.