What should a title verification actually check?

A proper title check traces the chain of ownership over a meaningful period, confirms the seller’s right to sell, and examines the encumbrance certificate, mutation and revenue records, approved building plans and statutory approvals, property tax receipts, any subsisting mortgage or lis pendens, and whether the land use permits the intended purpose. For apartment purchases it should also cover the project’s RERA registration and the developer’s right over the land.

What can a homebuyer do if a builder delays possession?

For a project registered under the Real Estate (Regulation and Development) Act, 2016, an allottee may approach the relevant state real estate regulatory authority seeking interest for delay, or withdraw from the project and seek a refund with interest, depending on the facts and the agreement. Consumer forum and civil remedies may also be available. The agreement’s stated possession date, grace period and force majeure wording usually decide the outcome.

Does an unregistered sale agreement transfer ownership?

No. An agreement to sell creates contractual rights but does not by itself transfer title to immovable property. Under the Transfer of Property Act, 1882, a sale of immovable property of value above the statutory threshold must be effected by a registered instrument. An unregistered agreement may still support a claim for specific performance under the Specific Relief Act, 1963, subject to limitation and the terms of the agreement.

Legal consultation

Property & Real Estate Law Consultation in India

Property legal consultation covers ownership, transfer and possession of immovable property in India. It is governed principally by the Transfer of Property Act, 1882, the Registration Act, 1908, state stamp and tenancy legislation, and the Real Estate (Regulation and Development) Act, 2016 for regulated projects. A consultation typically addresses title verification, sale and lease documentation, builder delay, possession disputes, partition and succession. Sutor lets you upload title documents and work through the position on your matter.

Start a consultation All practice areas

Key takeaways

A sale of immovable property above the statutory threshold must be by a registered instrument under the Transfer of Property Act, 1882.
Title diligence should trace the chain of ownership, encumbrances, approvals and tax receipts — not just the latest deed.
Stamp duty is a state subject; the rate and the consequences of under-stamping differ by state.
Homebuyers in registered projects have remedies before the state RERA authority in addition to consumer and civil remedies.

What we can help with

Matters commonly handled in property & real estate law.

Title search and property document verification
Sale deeds, agreements to sell and conveyance
Lease, licence and rent agreements
Builder delay, possession and refund claims
RERA complaints and project compliance
Partition, family settlement and succession
Gift, relinquishment and settlement deeds
Landlord and tenant disputes
Mortgage, charge and encumbrance issues
Redevelopment and society matters

When should you consult a lawyer?

Before paying any advance or token amount
Before signing a builder’s allotment or construction agreement
When possession is delayed beyond the agreed date
When an encumbrance, litigation or unclear chain of title appears
When a co-owner or family member disputes your share
Before executing any deed that is going to be registered

What information should you prepare?

A consultation is far more productive when these are settled in advance.

The full address and survey or plot identification
How the seller says they acquired the property
What has been paid so far, and to whom
Whether the property is under any loan or mortgage
The date of any deadline or agreed possession date

What documents should you bring?

Mother deed and chain of title documents
Latest sale deed or agreement to sell
Encumbrance certificate
Approved plan, occupancy or completion certificate
Property tax receipts and khata / mutation records
RERA registration details of the project, if applicable

Governing law

The primary Indian legislation that applies in this area.

Transfer of Property Act, 1882
Registration Act, 1908
Indian Stamp Act, 1899 and state stamp legislation
Real Estate (Regulation and Development) Act, 2016
Indian Succession Act, 1925 and applicable personal law

How Sutor works

1Describe your matter in plain language
2Upload the documents that relate to it
3Research the applicable Indian law and authorities
4Get legal guidance on the position and your options
5Continue working on the matter in one place

Frequently asked questions

What should a title verification actually check?: A proper title check traces the chain of ownership over a meaningful period, confirms the seller’s right to sell, and examines the encumbrance certificate, mutation and revenue records, approved building plans and statutory approvals, property tax receipts, any subsisting mortgage or lis pendens, and whether the land use permits the intended purpose. For apartment purchases it should also cover the project’s RERA registration and the developer’s right over the land.
What can a homebuyer do if a builder delays possession?: For a project registered under the Real Estate (Regulation and Development) Act, 2016, an allottee may approach the relevant state real estate regulatory authority seeking interest for delay, or withdraw from the project and seek a refund with interest, depending on the facts and the agreement. Consumer forum and civil remedies may also be available. The agreement’s stated possession date, grace period and force majeure wording usually decide the outcome.
Does an unregistered sale agreement transfer ownership?: No. An agreement to sell creates contractual rights but does not by itself transfer title to immovable property. Under the Transfer of Property Act, 1882, a sale of immovable property of value above the statutory threshold must be effected by a registered instrument. An unregistered agreement may still support a claim for specific performance under the Specific Relief Act, 1963, subject to limitation and the terms of the agreement.

Sources & editorial information

Jurisdiction: India
Last reviewed: 17 September 2026
Legal status: Current

Primary sources

Transfer of Property Act, 1882
Registration Act, 1908
Indian Stamp Act, 1899 and state stamp legislation
Real Estate (Regulation and Development) Act, 2016
Indian Succession Act, 1925 and applicable personal law

This page is general legal information about Indian law, prepared against identified legal sources. It is not legal advice and does not create a lawyer–client relationship. Apply it to your own facts only after a consultation with a qualified legal professional.

Need help with a property & real estate law matter?

Describe the matter, upload the relevant documents and work through the position with legal assistance.

Start a consultation Browse legal questions