Legal Documents Required as Assurance for Property Ownership

The CPR report (Centre for Policy Research) informed that approximately 66 percent of all civil cases in India refer to land or property disputes. In addition, approximately 25 percent of all issues resolved by the Supreme Court include land disputes, of which 30% are land acquisition disputes.

In view of these figures, if you buy a property, one should understand the value of legal and due diligence regarding ownership-related documentation that is required.

What are Documents Required to Check Ownership of Land?

Below are the list of documents which help you to prove the ownership of land.

  • Sale Deed which affirms the right of property to be sold
  • Revenue Records, the Revenue Department's annual and five-yearly records
  • Certificate for Land Rights issued by the revenue authorities
  • Lease deed in the situation of a lease issued by the government resulting in possession
  • Proof of property tax deposits or electricity bills or water bills, etc
  • May in the case of inheritance (proofs along with probate)
  • Deed of Partition in case of the ancestral property along with court decree
  • Gift deed in the case of gift.

Necessary Documents to Confirm Ownership of Apartments

  • Sale Deed
  • Sub-Lease Deed in the case that the land is granted on permanent lease to a builder from whom the apartment is purchased
  • Evidence of property tax deposits/electricity bills/water bills, etc
  • In the case of inheritance ( proofs along with probate)
  • Deed of Partition in case of the ancestral property along with court decree
  • Gift deed if the property was a gift.

The Transfer of Property Act accepts only sales as a model of absolute transfer of ownership of any immovable property. All other documents such as GPA, Agreement to Sale, Affidavit, Receipt, etc. cannot be transferred from ownership by execution.

If you consider buying a property, make sure that you have all the legal documents with you to prevent any conflict afterwards. It is also advisable to have these documents checked in case of doubt by an expert.

By: Shailaja K