Law and justice explained
What Documents Should You Check Before Buying Land or a House?
Do not buy property based only on a photo of the registered deed or the seller’s Aadhaar. Separately verify the title chain, the seller’s authority to sell, encumbrances, possession, land use and required approvals.
Written by
Advocate Amardeep Jaiswal
Advocate, High Court of Madhya Pradesh, Jabalpur
Key points
- Do not buy property based only on a photo of the registered deed or the seller’s Aadhaar.
- Separately verify the title chain, the seller’s authority to sell, encumbrances, possession, land use and required approvals.Registration of a sale deed is important, but it does not automat…
- Joint owners, inheritance, a mortgage or a power of attorney can affect the transaction.
Detailed analysis
Understanding law and procedure
Do not buy property based only on a photo of the registered deed or the seller’s Aadhaar. Separately verify the title chain, the seller’s authority to sell, encumbrances, possession, land use and required approvals.
Registration of a sale deed is important, but it does not automatically cure every earlier defect in the seller’s title. Joint owners, inheritance, a mortgage or a power of attorney can affect the transaction. Local laws and RERA may have an additional role in the case of agricultural land and flats in projects.
What should you do now?
- Match the seller’s rights and the property’s identity against the original documents and certified records.
- Have the mortgage, litigation, dues, plan and possession checked.
- When paying an advance, include written terms on refund, clear title and completion.
Which documents should you keep?
Title chain, encumbrance records, tax receipts, approved plan, RERA details and identification.
Avoid this mistake
Do not treat a low price, pressure to register quickly or a notarised agreement alone as adequate protection.
A hypothetical example
The seller shows the original registered deed, but the property is mortgaged to a bank. Merely seeing the deed does not make the transaction safe. Paying an advance without clarifying the outstanding loan, the release mechanism and the payment conditions increases the risk.
Does an agreement to sell make you the owner?
Generally, no. You must consider whether there is a valid conveyance and whether the applicable registration requirements have been met.
Legal basis and useful sources
This is general legal information. Advice may differ depending on your facts, the applicable law and state rules.
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About the author
Advocate Amardeep Jaiswal
Advocate, High Court of Madhya Pradesh, Jabalpur।
Publishes informational articles on Indian law, judicial decisions and practical legal issues.
Editorial note: Analysis and commentary reflect the author’s understanding and opinion. Law, facts and judicial developments may change; check primary sources and your own circumstances before acting.