Don't sign for property until you've checked the title.

What the law actually says

• The seller can only sell what they actually own, or what they hold a proper written authority to sell for someone else. Before anything, you need to see clear title — proof that the seller is the rightful owner and the chain of ownership behind them is clean and unbroken.
• An Encumbrance Certificate (EC) from the sub-registrar shows whether the property has any loan, mortgage or legal charge on it. A clean EC means no hidden bank or court claim riding on the property.
• There are two different documents. An agreement to sell is a promise to sell on agreed terms, usually with an advance. The sale deed is the actual transfer of ownership — you only become the owner once it's signed and registered.
• The sale deed has to be registered at the sub-registrar's office and stamp duty paid for the transfer to be legally valid — and it must be presented for registration within four months of being signed. Until it is registered, you are not the owner. After that, you must get mutation done — the municipal or revenue records updated to your name.

What to do

1. 1

   Verify title and the chain of ownership

   Ask for the original title documents and trace the ownership back over the years. A property lawyer reads the older deeds, checks each link, and confirms the seller really has the right to sell. Don't take a photocopy or a verbal assurance as proof.

2. 2

   Pull the Encumbrance Certificate and check approvals

   Get a fresh EC to confirm there's no outstanding loan or charge. For a flat, also check the approved building plan and, for an under-construction project, that the builder is RERA-registered with the state authority. Very small projects — under eight flats — don't need to register, but for anything larger, no RERA registration is a serious red flag. Check the number covers your phase: each phase has to be registered on its own.

3. 3

   Get the agreement to sell drafted properly

   Before you pay an advance, put the terms in writing — price, payment schedule, what happens if either side backs out, and the date for the final sale deed. This is the document that protects your advance, so don't rely on a one-line receipt.

4. 4

   Register the sale deed and update the records

   Pay the stamp duty, sign the sale deed, and register it at the sub-registrar's office in person — you have four months from the day it is signed, and missing that can cost you the transfer. Then apply for mutation so the property is recorded in your name with the municipal or revenue office. Keep every receipt and the registered deed safely.

Your rights, at a glance

Common questions in this area

• Checking property papers before you buy — what to look for/property/check-property-papers-before-buying
• Sale deed vs agreement to sell — what are you actually signing?/property/sale-deed-vs-agreement-to-sell

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