Title due diligence on Indian property means tracing ownership back at least 30 years through registered deeds, checking the encumbrance certificate for mortgages and other charges, verifying revenue and municipal records, confirming building approvals and RERA registration, and searching for court cases. For NRIs it should be completed before any substantial payment. We carry out the searches in India and give you a written report explaining each risk and what the seller must fix.
- Search period
- At least 30 years
- Key record
- Encumbrance certificate
- Approvals
- Sanctioned plan, completion or occupation certificate, RERA
- Timing
- Before any substantial payment
Why a 30-year search
Indian property law has no single government-guaranteed title register. Ownership is proved by a chain of registered documents, supported by revenue and municipal records. The Limitation Act generally gives 12 years for suits based on title and up to 30 years for certain government claims, so lawyers and banks treat a search of at least 30 years as the minimum. In older or inherited properties we often go back further to the original allotment or grant.
Each link in the chain must be valid: a sale by someone who owned the property, an inheritance supported by succession documents, a gift accepted during the donor's lifetime, a partition registered where required. One broken link can unsettle every later purchase.
What a full due diligence covers
| Check | Source | What it reveals |
|---|---|---|
| Chain of title | Sub-registrar records, certified copies | Whether each transfer was valid and registered |
| Encumbrance certificate | Sub-registrar | Registered mortgages, sales, leases and other charges |
| Revenue records | Tehsil or land records office (jamabandi, khasra, 7/12, khata, property card) | Recorded owner, area, nature of land and mutations |
| Municipal records | Municipal corporation or development authority | Property tax, dues, sanctioned use |
| Approvals | Development authority, town planning, RERA | Building plan, completion or occupation certificate, change of land use, project registration |
| Charges on the seller | CERSAI and company records where relevant | Equitable mortgages and company charges not visible in the encumbrance certificate |
| Litigation | District court, High Court and tribunal databases | Pending suits, attachments, insolvency |
The encumbrance certificate shows only registered transactions. A mortgage created by deposit of title deeds, an unregistered agreement to sell, or a family claim will not appear. That is why the other searches matter.
Red flags we look for
- A recent sale through a power of attorney, or a chain that passes through powers of attorney rather than registered conveyances.
- Missing original documents, explained by a single lost-document affidavit or newspaper notice.
- Inherited property where not all legal heirs have signed, or where a will has not been probated where probate is required.
- Agricultural land shown as residential without a change of land use order.
- Construction beyond the sanctioned plan, or a building occupied without a completion or occupation certificate.
- A seller who is an NRI with no plan for TDS, or a seller company without a board resolution.
- Differences in area or boundaries between the deed, the revenue record and the site.
Not every red flag kills a deal. Many can be cured by getting the missing heirs to join, obtaining a rectification deed, or holding back part of the price until a document is produced. The report tells you which.
Points specific to NRI and OCI buyers
Before any title work, we confirm that the property is one you may buy under the FEMA (Non-Debt Instruments) Rules 2019: NRIs and OCI cardholders cannot buy agricultural land, plantation property or farmhouses. We also check that the seller's own acquisition was lawful if the seller is a non-resident, and we plan the TDS position where the seller is an NRI, since a buyer who fails to deduct tax can be treated as in default.
Because you are not on site, we include a physical inspection by our team or a surveyor where the property is land or an independent house, comparing boundaries with the records. Photographs and a short video are included with the report. Once the report is clean, we can complete the purchase through an attorney holder.
Extra checks for flats, new projects and resale apartments
A flat is only as good as the developer's title to the land beneath it. For a new or under-construction project we look beyond the builder's brochure:
- Land title and development rights. Many projects are built under a joint development or collaboration agreement with the landowner. We check that the agreement is registered, that it gives the developer the right to sell your unit, and that the landowner's share of units is clearly separated from the units on sale.
- Project finance. Builders commonly mortgage the project land to a lender. Your unit should be released from that charge, and the lender's no-objection or release recorded, before or at the time of your sale deed.
- RERA registration. We read the registration certificate, the declared completion date and the quarterly updates and approvals the developer has uploaded, and check for complaints or orders already passed against the project.
- Approvals for the actual building. The sanctioned plan should match the tower and floor you are buying, and environmental and fire clearances should be in place where required.
For a resale flat the risks are different. We trace the unit back to the original allotment, check that every earlier transfer was endorsed by the builder or society, obtain the society's no-objection and no-dues letters, and confirm whether the building's own conveyance to the society or association has been executed. Where the seller has a home loan, the bank holds the original documents; the deal is then structured so that part of your payment closes the loan directly and the bank hands over the originals and a closure letter at registration. Unpaid maintenance, sinking fund contributions and transfer charges are confirmed in writing so they are not passed to you after completion.
If the project is delayed after you buy, your rights against the developer are covered on our RERA complaints page.
The report you receive
You receive a written report, usually in two parts. The first is a plain summary: whether title is clear, marketable and free of encumbrances, the risks found, and what the seller must provide before you pay. The second sets out the chain of documents, the records searched and the results, so a lender or a later buyer can rely on it. We are happy to discuss it on a video call in your time zone and to give a list of conditions for the agreement to sell.
Time taken depends on the state and whether records are digitised. Searches in states with online land records and e-registration are faster; older properties with physical records take longer. We give an estimate once we have seen the seller's documents.
Fees
Our fee for title due diligence is fixed in advance and depends on the type of property (flat, independent house, plot or agricultural land), the length of the chain and the number of offices to be searched. Official charges for certified copies and encumbrance certificates are payable at actuals and are generally modest. A full report costs a small fraction of the price and is the cheapest insurance you can buy for a property you cannot inspect yourself.
Documents you need
Ask the seller for copies of these. We will obtain certified copies and records independently.
- Current title deed of the seller
- Previous title deeds covering at least 30 years
- Encumbrance certificate for the search period
- Revenue records and mutation entries
- Approved building plan and completion or occupation certificate
- Latest property tax and utility receipts
- Society or allottee transfer documents for flats
- Seller identity documents and PAN
How we handle it for you
Collect documents
You or the seller send scans; we list what is missing.
FEMA and eligibility check
We confirm that you may buy this type of property.
Searches in India
Our team searches registry, revenue, municipal, CERSAI and court records.
Site check
Where needed, an inspection with photographs and video.
Report and conditions
Written report with risks and the conditions to include in your agreement.
Why clients choose ProudLegal
Built for clients abroadVideo calls in your time zone and documents signed where you live.
Advocates who appear in Indian courtsYour case is drafted and argued by enrolled advocates in India.
Written fee quote firstScope and fees confirmed in writing before any work starts.
Updates after every stepScans of every filing and order on WhatsApp and email.
Frequently asked questions
Why is a 30-year title search needed?
Because Indian title rests on a chain of documents rather than a guaranteed register, and limitation periods for some claims run up to 30 years. Banks and lawyers treat 30 years as the minimum.
Is an encumbrance certificate enough?
No. It shows only registered transactions. Equitable mortgages, unregistered agreements, family claims and court cases need separate checks.
Can you do the search without the original documents?
We can start from copies and certified copies obtained from the registry. Before you pay the full price, the seller must show the originals.
What if the property is inherited by the seller?
We check that all legal heirs have joined or released their shares, and that succession or probate documents are in order where required.
Can an NRI buy a plot of land?
A residential or commercial plot, yes. Agricultural land, plantation property or farmhouses, no.
How long does due diligence take?
It depends on the state and the age of records. Properties with online records and recent chains are quicker than old properties with physical files.
Will a bank loan approval replace due diligence?
Not fully. Banks check title for their security, but their report is not written to protect you and may not cover every risk.
Do you inspect the site?
Where the property is land or an independent house, yes, through our team or a surveyor, with photographs and video for you.