Property Title Due Diligence: What to Verify Before You Buy or Litigate

Property disputes are expensive, emotional, and slow. Many of them start with incomplete title checks. Whether you are buying, selling, or preparing to litigate, disciplined due diligence reduces risk dramatically.

Core checks every buyer should insist on

• Chain of title — mother deed to present owner, with registered conveyances
• Encumbrance certificate — for a sufficient look-back period
• Mutation / khata / jamabandi — revenue records matching ownership
• Possession — physical inspection and boundary confirmation
• Litigation search — pending suits, attachments, or injunctions
• RERA / society / builder NOCs — where applicable

Red flags that need advocate review

• Gaps in the chain of title or unregistered family settlements
• Power of attorney sales without supporting ownership papers
• Property in the name of a deceased person without probate / succession clarity
• Agricultural land conversion issues or zoning restrictions
• Pressure to pay large sums in cash before registration

Before you litigate

If a dispute has already arisen — encroachment, specific performance, partition, or injunction — organise a file with title documents, photographs, notices, and a date-wise chronology. Courts decide on evidence, not narratives alone.

Speak with chambers

Advocate Chetan Aggarwal’s team reviews title packs and dispute briefs confidentially. Share scans of your title deed and EC over WhatsApp for an initial assessment of urgency and next steps.