India — Property: Legal Checks

Key Facts

• A 30-year title chain search is recommended to rule out undisclosed heirs who could later claim a share of the property.
• An encumbrance certificate confirms the property carries no outstanding mortgages or other registered claims.
• Verifying the seller's name in the local Mutation Register is essential — omitting this check is a common cause of double-selling fraud.
• Registration under the Registration Act, 1908 is legally mandatory for the ownership transfer to be valid.

Steps

1. Trace the title chain — Obtain records going back 15-30 years to confirm unbroken, legitimate ownership history.
2. Obtain an encumbrance certificate — Confirms no outstanding mortgages, liens, or registered claims against the property.
3. Check the Mutation Register — Verify the seller's name is correctly recorded as the current owner to rule out double-selling fraud.

Required Documents

• Title deed and chain of title (15-30 years)
• Encumbrance certificate
• Mutation register extract

Common Mistakes

• Accepting a shorter title search than the recommended 30 years, missing an undisclosed heir claim.
• Skipping the Mutation Register check, which is one of the most common vectors for double-selling fraud in India.

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