How to Check Property Documents Before Buying in Tamil Nadu

A property purchase is usually the largest transaction in a family's life, and the cost of a defect in title can be the loss of the property and the money. Disputes over fraudulent sales, double sales and forged documents are common in Tamil Nadu. Most can be avoided by thorough checks before paying an advance or signing an agreement. This guide sets out what to verify, in order, and when to involve an advocate.

What Is Title and Why Check the Chain?

Title is the seller's legal right to the property. A seller can transfer only the title they have. Checking title means tracing how the property reached the seller, step by step, through a chain of deeds: the parent document or mother deed, and each sale, gift, partition or Will after it. A gap in the chain, a missing deed, or a transfer by someone without authority is a warning sign. An advocate normally examines the chain for a period of at least thirty years, and the original documents should be seen, not just copies.

What Documents Should You Ask For?

Ask the seller for

• The latest sale deed and every earlier deed in the chain, including the parent document
• The encumbrance certificate for the period required
• The patta and chitta, with the survey number and the area
• The Field Measurement Book sketch, where available
• Property tax, water and electricity bills showing the owner and no dues
• The approved layout and building plan, and the completion or occupancy certificate for a built property
• For a flat, the builder's agreement, RERA registration details and the association's no-dues certificate

What Is an Encumbrance Certificate?

An encumbrance certificate shows registered transactions affecting a property for a period, such as sales, mortgages and charges, and whether any is outstanding. In Tamil Nadu it is obtained from the Registration Department through its online portal or from the Sub-Registrar office. A clear certificate suggests there is no registered mortgage or other registered burden, but it does not prove title and it does not show unregistered dealings, court orders or an unregistered agreement. It is a check, not a guarantee. For a safe picture, obtain it for a long period and compare it against the deeds.

What Are Patta and Chitta?

Patta is the revenue record showing the person recognised by the Revenue Department as the holder of the land, and chitta gives the details of the land such as survey number, extent and classification. Both can be viewed online through the Tamil Nadu e-services portal. They show who is recorded in the revenue records, but they are not proof of ownership. A patta in the seller's name is useful, and a mismatch with the deeds is a reason to ask questions. After a purchase, the patta should be transferred to the buyer, a step many people neglect.

Which Approvals Should Be in Place?

For plots and buildings, check that the layout and building plan are approved by the competent authority, which in Chennai is the Chennai Metropolitan Development Authority or the Directorate of Town and Country Planning and local bodies elsewhere. Unapproved layouts and buildings can bring penalties and difficulty in obtaining services or loans. For flats in a project that is covered by the real estate law, check the project's registration with the Tamil Nadu Real Estate Regulatory Authority, and read our guide to TNRERA complaints for what to expect if a builder defaults.

What Special Restrictions Exist in Tamil Nadu?

Some lands cannot be freely sold. Check whether the land is

• Panchami or other government-assigned land, which carries restrictions on transfer to certain persons
• Government poramboke land, such as water bodies, which cannot be sold
• Temple, religious endowment or waqf property, which has special rules
• Subject to a court order, attachment or an ongoing case
• Agricultural land with limits on conversion or use

A local enquiry, with revenue officials where needed, and a search for pending cases help uncover these. Our guide to waqf property explains why such land cannot simply be sold.

How Do You Verify the Seller and the Authority to Sell?

Confirm that the person selling is the owner on the documents. If a power of attorney agent is selling, check that the power is genuine, in force and wide enough, as our guide to power of attorney misuse warns. If the owner has died, check the legal heirs and whether all of them have signed. If the property is jointly owned or ancestral, every co-owner's consent is needed, as our note on dividing ancestral property explains. Visit the property and check who is in possession, because a tenant or an occupier can have rights.

What Is a Sensible Order of Steps?

A careful buyer follows a sequence:

• Shortlist the property, and ask for the documents before paying any advance
• Have an advocate examine the title chain, encumbrance certificate and revenue records
• Verify approvals, tax and utility dues, and possession on the ground
• Sign an agreement of sale with clear terms and a limited advance
• Pay stamp duty and register the sale deed
• Apply for patta transfer and mutation, and update tax and utility records

On stamp duty and registration charges, see our guide to stamp duty in Tamil Nadu. If the seller later refuses to complete the sale, our guide on specific performance explains the remedy, and if a fraudulent deed turns up, see our guide to fraudulent sale deeds.

A legal check before purchase costs little compared with a dispute afterwards. Our Civil & Property Law practice carries out title verification and advises buyers and sellers on property transactions, and you can request a consultation.