• Source:JND
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In a landmark decision, the Indian Supreme Court held that a property's registration alone does not prove legal ownership. The widely held notion that you automatically become the rightful owner of a property once it is registered in your name has been challenged by this historic ruling. The court made it clear that ownership needs to be supported by a legitimate title, lawful possession, and the satisfaction of all applicable legal requirements.

The decision was based on a case in which the appellant had a registered property document, but because of title and possession irregularities, the document was not recognised as the legal owner. The court pointed out that legitimate title documents and lawful possession are necessary elements of ownership. Due diligence is more important than ever for buyers as a result of this decision, which is anticipated to have significant effects on how real estate transactions are handled.

In order to prove legal ownership of a property in India, you need to have the following complete list of documents:

Sale Deed

The most significant legal document attesting to the sale and transfer of property from the seller to the buyer is this one. It must be registered at the sub-registrar's office and is executed after the Sale Agreement. Ownership cannot be asserted in the absence of a valid Sale Deed.

Mother Deed

The Mother Deed creates the property's history and traces the line of ownership. Verifying a clear title is crucial, particularly when submitting an application for a home loan. It can be obtained from the sub-registrar's office if it isn't available.

Sale and Purchase Agreement

The terms and conditions that the buyer and seller have agreed upon, including the price and terms of payment, are described in this document. It is essential to the sale process, even though it does not verify ownership.

Building Approval Plan

The builder needs to get local municipal authorities to approve the building plan and layout before construction can begin. The buyer may later face legal issues as a result of the lack of approval.

Possession Letter

This letter, which was issued by the builder, specifies the date on which the buyer can physically move into the property. It is not, however, evidence of legitimate ownership.

Completion/Occupancy Certificate

This certificate attests to the completion of the project and its compliance with regional regulations. It is essential evidence of legal occupancy and is required to access utilities like electricity and water.

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Khata Certificate

The property's size, location, and ownership are all included in this revenue document. It is necessary to obtain basic utilities and pay property taxes.

Allotment Letter

It includes payment schedules and other fees and is issued for properties that are still under construction. Banks must approve home loans.

Encumbrance Certificate (EC)

This certifies that the property is free from legal or monetary liabilities for a specified period. It ensures the title is clear.

No Objection Certificates (NOCs)

Depending on the type and location of the property, NOCs may be needed from departments like fire, environment, and local society.

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ID and Address Proof of Seller

Ensure the seller is genuine by verifying PAN card, Aadhar, and address proof. This helps prevent fraud.

RERA Compliance

Check if the project is registered with the state’s Real Estate Regulatory Authority (RERA). Also verify if any complaints have been filed.

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