How to Verify Ownership and the Legal Checklist Before Buying a Property

Most property disputes don’t happen because buyers were unlucky. They happen because buyers were lazy, overconfident, or blindly trusting. If you don’t verify ownership properly, you may face legal trouble even after paying in full and taking possession. This blog explains exactly how to verify ownership and the legal checklist you must complete before buying any property.

Part 1: How to Verify Property Ownership (Step-by-Step)

Ownership verification is not about one document. It is about a continuous legal chain.

1. Demand the Complete Chain of Title (Minimum 30 Years)

Ownership must be continuous and legally transferred over time.

• Sale Deeds
• Gift Deeds
• Partition Deeds
• Will / Probate documents (for inherited property)

There must be no missing link in the chain.

Hard rule: If the seller cannot produce the full chain of ownership, the ownership itself is questionable. No exceptions.

2. Match Seller Details Across All Documents

Cross-check the following carefully:

• Seller’s full name
• Father’s / husband’s name
• Address
• Property description (area, boundaries, floor, unit number)

Minor mismatches are not “small mistakes.” Courts rely on exact matching details.

3. Verify the Encumbrance Certificate (EC)

The Encumbrance Certificate shows whether the property is:

• Mortgaged
• Under loan
• Legally charged

What to verify:

• EC period must cover the entire ownership history
• No unresolved loans, attachments, or agreements

If a loan is claimed to be closed but still appears in EC, get it resolved before proceeding.

4. Check Inherited or Ancestral Property Carefully

Inherited property carries higher legal risk.

• Legal heir certificate must be available
• Consent of all legal heirs is mandatory
• Registered partition deed, if applicable

One unhappy heir can drag you into years of litigation.

5. Power of Attorney (POA) Sales Require Extra Caution

If the seller is acting through a POA:

• POA must be registered
• It must specifically authorize sale
• It must be valid on the date of execution

An invalid or vague POA can render the transaction void.

Part 2: Legal Checklist Before Buying a Property

1. Land Use and Zoning Approval

Confirm the land is approved for the purpose you are buying it for.

• Land Use Certificate
• Zoning classification (Residential / Commercial / Mixed)
• Conversion orders (NA / CLU, if applicable)

Residential property on non-residential land is a legal trap.

2. Local Authority and Building Approvals

Every legal property must have proper approvals.

• Approved Building Plan
• Layout Approval
• Commencement Certificate (for construction)

“Approval under process” means approval is not complete. Proceed only after verification.

3. RERA Registration (For Under-Construction Projects)

For under-construction properties:

• Verify RERA registration number
• Check approved plans and timelines on the RERA portal

No RERA registration means no legal protection.

4. Completion Certificate (CC) and Occupancy Certificate (OC)

For ready-to-move properties:

• CC confirms construction as per approved plan
• OC confirms legal and safe occupancy

Buying without OC is legally risky, even if it is common practice.

5. Check for Pending Litigation

Never rely on verbal assurance.

• Search court records
• Obtain written declaration from the seller
• Verify society or association disputes

Even minor cases can affect your ownership rights.

6. Verify Property Tax and Utility Dues

Outstanding dues become the buyer’s responsibility.

• Property tax receipts
• Electricity bills
• Water bills
• Society maintenance dues

7. Stamp Duty and Registration (No Shortcuts)

Ensure:

• Correct stamp duty paid as per circle rate
• Sale deed is properly registered
• Mutation completed after registration

Trying to save money here can cost you the entire property later.

Final Advice

• Brokers are not legal experts
• Builders are not neutral parties
• Bank loan approval does not guarantee legal compliance

If you skip verification because “everyone buys like this” or “the builder is reputed,” don’t act surprised when problems appear.

One Smart Move That Saves You Lakhs

Hire a competent property lawyer before signing anything. Skipping legal advice to save money is not confidence — it is arrogance.

Bottom Line

Property buying demands patience, verification, and discipline. Verify ownership. Complete the checklist. If something feels wrong, pause. There will always be another property. There is rarely a fix for a bad purchase.