Buyer’s Checklist for Title Verification Before Purchasing Property

Property disputes often arise not because buyers acted in bad faith, but because basic title verification was overlooked. Once a sale deed is executed and consideration is paid, correcting title defects becomes difficult, expensive, and time-consuming. Indian courts repeatedly emphasize that buyers must exercise due diligence before purchasing property.

This checklist is designed as a practical, pre-purchase guide for buyers to understand what should be verified before committing to a property transaction.

✅ 1. Verify the Seller’s Ownership

• Confirm that the seller is the legal owner of the property

• Match the seller’s name with the latest title document

• Ensure the seller has authority to sell (individual, joint owner, legal heir, company, etc.)

Ownership must flow from valid documents—not possession alone.

✅ 2. Examine the Chain of Title (Minimum 20–30 Years)

• Review past sale deeds, gift deeds, partition deeds, or inheritance documents

• Ensure ownership transfers are continuous with no missing links

• Check that each transfer was legally valid and registered

A broken chain weakens ownership claims.

✅ 3. Check the Nature of the Property

• Freehold or leasehold

• Residential, commercial, or agricultural

• Conversion permissions (if land was converted)

Restrictions on use may affect legality and future development.

✅ 4. Obtain and Review the Encumbrance Certificate (EC)

• Verify whether the property is free from mortgages, loans, or charges

• Check EC for the entire relevant title period

• Match EC entries with title documents

Remember: EC shows registered encumbrances only, not hidden disputes.

✅ 5. Check for Bank Loans or Mortgages

• Confirm whether the property is mortgaged

• Obtain loan clearance or no-dues confirmation if applicable

• Ensure release of charge before or at the time of sale

Uncleared mortgages can invalidate transactions.

✅ 6. Verify Possession and Physical Boundaries

• Confirm seller is in lawful possession

• Match physical boundaries with title documents

• Ensure no encroachment or boundary disputes

Possession must align with legal ownership.

✅ 7. Verify Municipal and Revenue Records

• Property tax receipts

• Revenue records and mutation entries

• Approved building plans (if constructed)

Discrepancies between records often indicate underlying issues.

✅ 8. Check for Pending Litigation

• Ask for disclosure of ongoing disputes

• Verify court records where possible

• Look for injunctions, attachments, or stay orders

Pending litigation can restrict transfer rights.

✅ 9. Ensure Compliance With Local Laws

• Land ceiling laws

• Zoning regulations

• Local development authority approvals

Non-compliance may invite future action by authorities.

✅ 10. Verify Access and Easement Rights

• Ensure lawful access to roads

• Check for easement rights affecting use

• Confirm no right-of-way disputes

Lack of access can make property unusable.

✅ 11. Confirm No Unauthorized Construction

• Verify sanctioned plans

• Check for completion or occupancy certificates

• Ensure no deviations from approved plans

Unauthorized construction affects resale and financing.

✅ 12. Check Seller’s Capacity and Consent

• For joint owners: consent of all owners

• For inherited property: consent of all legal heirs

• For companies or firms: proper authorization

Incomplete consent can invalidate the sale.

✅ 13. Verify Identity and Authenticity of Documents

• Cross-check document numbers and registration details

• Ensure documents are genuine and unaltered

• Beware of photocopies without originals

Forgery is often detected too late.

✅ 14. Review Sale Agreement Carefully

• Confirm property description matches title documents

• Check clauses on liability, indemnity, and possession

• Avoid vague or one-sided clauses

The agreement must reflect legal reality.

✅ 15. Do Not Rely on Verbal Assurances

• Avoid reliance on oral promises

• Ensure all commitments are in writing

• Document timelines, payments, and conditions

Courts rely on documents—not conversations.

⚠️ Common Buyer Mistakes to Avoid

• Skipping title verification to “save time”

• Relying only on Encumbrance Certificate

• Trusting brokers or sellers blindly

• Ignoring minor discrepancies

Small oversights often become major disputes.

📌 When Is Title Verification Most Important?

• Before purchase

• Before paying advance

• Before signing agreement to sell

• Before availing a loan

Verification after sale is usually too late.

Conclusion

Title verification is not a formality—it is a legal safeguard. A buyer who verifies ownership, encumbrances, possession, and compliance before purchase protects both their investment and peace of mind. Most property disputes can be avoided through disciplined due diligence at the buying stage. Awareness and verification are the strongest tools a property buyer can have.