The Supreme Court's recent ruling in Jamnabai and Others v. Vasudev and Others has reiterated that revenue records do not determine ownership. According to reports from Business Standard, the court emphasized that mutation primarily serves fiscal and administrative purposes rather than establishing legal title. As noted by Avnish Sharma, partner at Khaitan & Co, 'Title is decided by the civil court. The revenue record follows title, it does not create it'. The ruling underscores that the underlying transaction through which ownership was acquired, transferred or surrendered must be proved independently.
Buyers must trace the title chain for at least 30 years from a parent deed through every transaction to the present seller, as recommended by legal experts. According to Prashant Thakur, executive director at Anarock Group, 'There is no one official record that proves ownership'. The verification process should examine current deeds, earlier deeds, Wills, succession records and court orders. As reported by Business Standard, buyers should engage an independent property lawyer rather than depend solely on an advocate appointed by the seller, developer or lender. The advocate should compare the title chain with certified sub-registrar records and examine encumbrance certificates, seller's legal capacity, and rights of co-owners and heirs.
At sub-registrar offices, buyers should check registered sales, gifts, releases, partitions, mortgages, leases, development agreements, powers of attorney and attachments. According to Heena Chheda, partner at Economic Laws Practice, 'Registration records are not conclusive proof of title and may not reveal unregistered created rights and interests'. For constructed property, checks should include sanctioned plans, layout approval, commencement and completion certificates, and Real Estate Regulatory Authority (RERA) registration. Mortgage checks should include the Central Registry of Securitisation Asset Reconstruction and Security Interest of India (CERSAI).
Buyers should pause if mutation does not match the latest registered deed, name changes occur without registered transactions, or originals are missing. Other red flags include unresolved succession or partition issues, unregistered family arrangements, pending suits or attachments, and possession by someone other than the documented owner. In projects, absence of RERA registration where required, sanctioned plans or occupancy certificates also warrant scrutiny. As noted by legal experts, 'Ultimately, there is no legal mechanism that can guarantee that a title will never be challenged', though proper verification can materially reduce challenge risks.
For inherited property, buyers must establish who owns the property and each owner's share, obtaining title chain, death certificates, Wills and codicils, legal-heir records, and family tree documents. According to Anirudha Khopade from Square Yards, 'A succession certificate should not be treated as a document establishing title to immovable property'. For flats, buyers are purchasing two things simultaneously - interest in underlying land and rights in the constructed unit. The verification process should include checking the developer's title, landowner's title, and ensuring flat numbers, carpet area, floor configuration match registered documents.
