Property disputes in India are a significant legal concern—over 66% of civil court cases pertain to real estate. Buying a property without verifying its legal status can lead to severe consequences including financial loss, litigation, or even eviction.
The Transfer of Property Act, 1882 and the Registration Act, 1908 require that information about ongoing legal disputes (lis pendens) be recorded in land records within three months of filing a case.
Registrars are legally obligated to note litigation entries in the property register. Buyers can request this information under the Right to Information (RTI) Act if it is not made available.
Step-by-Step Guide to Check for Property Disputes
- Check Online Land Records
- Many states offer digital platforms where land ownership, encumbrances, and litigation status can be verified. For example, Rajasthan’s Apna Khata or Maharashtra’s Mahabhulekh portals display updated land records.
- Some states like Delhi are working to integrate litigation data into their land databases.
- Obtain an Encumbrance Certificate (EC)
- Available at the local Sub-Registrar’s Office, the EC details any registered encumbrances such as mortgages, liens, and court cases on the property for a selected period—commonly 30 years.
- Search eCourts and District Court Portals
- Visit the national eCourts portal (ecourts.gov.in) and input the property owner’s name or address to check for pending or disposed litigation.
- For more precise results, check local district court websites or visit physically.
- Inspect Records at the Sub-Registrar’s Office
- The registrar maintains physical diaries of all properties. Legal entries—such as lis pendens or court orders—should be recorded here.
- If not available, file an RTI request seeking information on the legal status of the property.
- Verify Title and Chain of Ownership
- Ensure the seller holds a clear and marketable title. Review mother deeds, partition deeds, gift or will transfers, and sale agreements.
- Any gap or inconsistency in the chain of ownership may indicate previous disputes.
- Survey the Property and Surroundings
- Speak to local residents, housing society members, or municipal officials to learn of any known disputes, boundary issues, or encroachments.
- Ask for No-Dues and No-Objection Certificates
- Obtain these from banks (if there was a loan), municipal authorities (for property taxes), and housing societies.
- Engage a Property Lawyer
- A lawyer can conduct a comprehensive due diligence exercise that includes a title search, checking for fraud, verifying mutation entries, and assessing the litigation risk.
Recent Government Initiatives
- Some states like Karnataka are moving toward integrating land, revenue, court, and death records to reduce fraudulent claims and ease property verification.
- Urban jurisdictions like Delhi and Pune are developing systems to sync litigation data with land ownership databases.
Practical Caution
- The legal doctrine of lis pendens implies that once litigation is pending regarding a property, any new buyer will be bound by the outcome of the case.
- Documents can be forged, and in many instances, even bank-financed properties were found to be involved in disputes. Legal verification is necessary irrespective of bank loans.
What You Should Do Immediately
- Search state land record portals using the plot survey number or seller’s name.
- Request an Encumbrance Certificate for at least the last 30 years.
- Search the eCourts platform and local court records.
- Visit the Registrar’s Office to inspect the property register manually.
- Hire a property lawyer to conduct full due diligence before finalising any agreement.
Conclusion
Verifying the legal status of a property is not just recommended—it is indispensable. With increasing digitisation and legal reforms, accessing property litigation records is becoming easier. However, only a meticulous approach, backed by legal expertise, can fully shield buyers from costly disputes and ensure peace of mind.
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