What documents should you check before buying a property in India?
Before buying, check the title deed and chain of title, encumbrance certificate, land/revenue records and mutation, approved building plan and occupancy certificate, property tax receipts and utility no-dues, and — for under-construction flats — the builder's RERA registration and approvals.
Property due diligence is about answering three questions with paperwork: does the seller really own it, is the property free of hidden claims, and is the construction legal? Each document below addresses one of those. Rules and record names vary by state, so treat this as a checklist to work through — not a one-size-fits-all rule.
- Title deed / sale deed and the chain of title — proves ownership and how it passed to the seller.
- Encumbrance certificate (EC) — reveals registered mortgages, charges and transactions.
- Land / revenue records and mutation — confirms whose name the records recognise today.
- Approved building plan and completion / occupancy certificate — confirms the construction is sanctioned and legal to occupy.
- Property tax receipts and no-dues — for water, electricity and society/maintenance charges.
- RERA registration and approvals — essential for an under-construction project.
The same record goes by different names across India — khata in Karnataka, 7/12 extract in Maharashtra, patta in Tamil Nadu, jamabandi elsewhere. Ask locally, or ask a lawyer, which document applies where the property is located.
What is an encumbrance certificate and why does it matter?
An encumbrance certificate, obtained from the Sub-Registrar's office, shows the registered transactions, mortgages and charges recorded against a property over a period. A clear EC suggests no registered loans or dues are attached, though record coverage and names vary by state.
The EC is one of the most important pre-purchase checks. It is issued by the Sub-Registrar's office (in many states this can also be applied for online) and lists the registered dealings on a property for the period you request — sales, gifts, mortgages and other charges. A "clear" or "nil" EC for the relevant period indicates that no registered loan or charge is outstanding against the property.
An EC only captures documents that were actually registered. It does not automatically reveal an unregistered agreement, an oral arrangement or a court dispute. Treat a clear EC as strong comfort, not absolute proof — and have a professional read the entries with you.
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Ask Legal Setu — free, no account needed.How do you verify the seller actually owns the property?
Trace the chain of title: read the current sale deed and the earlier deeds (the mother deed) to confirm the seller lawfully acquired the property and has the right to sell. Verify the seller's identity matches the records and there are no co-owners.
The title deed (usually a registered sale deed) is the document showing how the current owner got the property. But a single deed is not enough — you want the chain of title, tracing ownership back through successive transfers. The oldest document establishing the origin of that chain is often called the mother deed. A continuous, unbroken chain gives confidence that the seller can pass clean title.
- Read the current sale deed and confirm the seller's name matches their ID.
- Trace earlier deeds (the mother deed onward) for an unbroken chain of ownership.
- Check whether the property is jointly owned — every co-owner may need to consent to the sale.
- Where the property was inherited, look at succession documents establishing the seller's right.
How do you check land records and mutation?
Check the land or revenue records and the mutation entry, which show who the records currently recognise as owner. Record names vary by state — khata, 7/12 extract, patta or jamabandi. Mutation reflects the transfer of ownership in municipal or revenue records.
Land and revenue records are the government's record of who holds a property and are separate from the sale deed itself. Mutation is the process of updating those records to reflect a new owner after a sale, gift or inheritance. If mutation has not been carried out, the records may still show a previous owner — a mismatch you want resolved before you buy.
- Confirm the record (khata, 7/12 extract, patta, jamabandi — name depends on the state) is in the seller's name.
- Check that mutation has been done for the most recent transfer.
- Cross-check the property's extent and boundaries against the deed and any survey/plan.
- Many states now offer these records online — verify against the official state portal.
In most of India, land records and mutation entries are evidence of possession and are used to collect tax — they do not by themselves confer or guarantee ownership. Read them together with the registered deeds and the encumbrance certificate.
What extra checks apply to an under-construction flat?
For an under-construction flat, confirm the project and builder are registered under RERA in your state, and check the sanctioned building plan and required approvals. RERA registration lets you verify project details, timelines and the promoter on the state RERA website.
Under-construction property carries an extra layer of risk — you are paying for something not yet built. The Real Estate (Regulation and Development) Act framework requires covered projects to be registered with the state RERA authority, and the public RERA portal typically lets you look up the project, the promoter, the approved plans and the declared completion timeline.
- Verify the project's RERA registration on your state's RERA website before booking.
- Check the sanctioned building plan and layout approval.
- Confirm the land the project sits on has clear title and the builder's development rights.
- For a ready flat, ask for the completion certificate and occupancy certificate before taking possession.
For a deeper walkthrough of your options if a registered project runs late, see our guide on RERA and builder delays.
Should you get a lawyer to verify property before buying?
A lawyer's title search independently verifies the chain of title, encumbrances and approvals before you pay. Given that buyers commit lakhs, this due diligence is usually worth the cost — it can surface disputed title or defects that are hard to fix afterwards.
A property lawyer's title search pulls together everything above — the chain of title, the encumbrance certificate, the land records, the approvals — and gives you an independent opinion on whether the title is clear and marketable. Because a defect discovered after you pay can be expensive or impossible to unwind, spending a modest amount on verification before the money moves is one of the highest-value steps a buyer can take.
A title check before you pay is worth it.
₹99* books a verified lawyer, briefed on your case before the call.What are the biggest red flags when buying property?
Biggest red flags: a disputed or unclear title, a missing or unclear encumbrance certificate, unapproved or deviated construction, mismatched land records, a seller reluctant to share documents, and — for under-construction — no RERA registration. Any of these warrants caution and professional advice.
Some warning signs should make you slow down and verify further before committing:
- Disputed or unclear title — a broken chain of title, pending litigation, or unclear inheritance.
- Missing or unclear encumbrance certificate — a refusal to produce an EC, or entries showing an outstanding mortgage.
- Unapproved or deviated construction — building that doesn't match the sanctioned plan, or no occupancy certificate.
- Mismatched land records — mutation not done, or records in a different name.
- A reluctant seller — pressure to pay quickly, or reluctance to share documents.
- No RERA registration — for an under-construction project that should be registered.
No amount of price discount makes up for a defective title. If any of these red flags appear, pause the transaction and get the documents independently checked before releasing money.
Official sources
The two central laws most relevant to buying and transferring immovable property in India:
- The Transfer of Property Act, 1882 — India Code
- The Registration Act, 1908 — India Code
- India Code — official repository of Indian Bare Acts