Buying property in India: a legal due diligence checklist

Title search

Customarily 30 years of title documents

Ownership passes by

Registered sale deed

New projects

RERA registration required above the statutory threshold

Encumbrances

Encumbrance certificate from the sub-registrar

What documents prove the seller's title?

• The chain of registered title deeds: sale, gift, partition or relinquishment deeds, each leading to the next owner.
• Where the property was inherited, the will with probate where required, or the succession documents and the consent of all heirs.
• Allotment letter, lease deed or conveyance where the land came from a development authority or housing board.
• Revenue records and mutation entries showing the seller as the recorded owner.

A gap in the chain, or a link that rests on an unregistered document, is a defect to be resolved before the purchase.

How do I check for loans and other claims?

• Obtain an encumbrance certificate from the sub-registrar for the search period.
• Ask for the original title deeds. A seller who cannot produce them may have deposited them with a lender.
• Search the CERSAI registry for security interests created in favour of banks.
• Search court records for suits involving the property or the seller.
• Publish a public notice inviting claims where the title history warrants it.

Which approvals should be verified?

• Sanctioned building plan and, for a completed building, the occupancy or completion certificate.
• Land use: conversion from agricultural use where applicable.
• RERA registration of the project. Section 3 of the RERA Act requires registration where the land exceeds five hundred square metres or the project has more than eight apartments.
• Society or association no-objection, and the builder's no-objection where the conveyance is pending.
• Paid-up property tax, electricity and water bills, and maintenance dues.

What should the buyer do at signing?

1. Record the terms in an agreement to sell: price, payment schedule, possession date and consequences of default.
2. Deduct tax at source where the income-tax law requires it on the purchase.
3. Pay stamp duty at the rate fixed by the state on the higher of the price and the notified value.
4. Register the sale deed at the sub-registrar's office within four months of execution.
5. Apply for mutation in the municipal and revenue records after registration.

An agreement to sell or a general power of attorney does not transfer ownership. The Supreme Court confirmed this in Suraj Lamp and Industries v. State of Haryana (2011).

This guide states the general legal position in India as on 14 November 2026. It is not legal advice. Time limits and outcomes depend on the facts and on later amendments and judgments. See the disclaimer, and read more on the firm's Property and Real Estate practice.