In most property purchases, the riskiest moment is not registration. It is the day the buyer pays an advance and signs an agreement of sale. Once money has changed hands, walking away from a property with a defective title can be slow and costly. The checks below are the ones that usually matter most in Karnataka, whether you are buying a site, a house, a flat or farmland.
1. Trace the ownership
Ask the seller for copies of every title deed through which the property has passed, going back about 30 years. Each deed should lead to the next without a gap: who owned the property, how they got it (by sale, gift, partition or inheritance) and how it passed on. Where the property was inherited, ask how the family divided it and whether every heir signed.
2. Obtain the Encumbrance Certificate
The Encumbrance Certificate (EC), issued by the Sub-Registrar’s office and also available online, lists the registered transactions on the property for the period searched: sales, mortgages, gifts and so on. Take it for the full period of your title search. Remember what it does not show: unregistered agreements, family arrangements that were never registered, and pending court cases.
3. Match the land and municipal records
For agricultural or revenue land, check the RTC (pahani) and the mutation entries. For property in towns and cities, check the khata and the property-tax receipts. The names in these records should match the seller and the chain of deeds. A khata is a tax record, not proof of ownership, but a mismatch is a warning sign to resolve before you pay.
4. Confirm who must sign
Everyone with a share in the property must join the sale: all co-owners and, in inherited property, all the legal heirs. If any share belongs to a minor, selling it generally needs the court’s permission. If someone is signing under a power of attorney, see the original document and confirm that it is still in force.
5. Check land use and approvals
A site formed on agricultural land needs an order converting it to non-agricultural use, and an approved layout. A building needs a sanctioned plan. A flat in a project that must be registered under the Real Estate (Regulation and Development) Act, 2016 should show that registration on the Karnataka RERA website. Agricultural land itself carries further rules on who may buy it and how it may be used.
6. Walk the boundaries
Compare the survey sketch with what is on the ground. Confirm the measurements, the access road and who is actually in possession. A neighbour’s wall on the wrong side of the line is far easier to deal with before you buy than after.
7. Look for loans and court cases
Check the EC and ask the seller in writing about any loan on the property. If there is one, arrange for the bank’s closure letter and the return of the original documents at or before registration. Many buyers also publish a short public notice in a newspaper inviting objections, which can bring hidden claims to light.
8. Put the agreement of sale in writing, correctly stamped
The agreement should record the price, the advance, the time for completing the sale, the documents the seller must hand over, and what happens to the advance if the title turns out to be defective. An agreement of sale attracts stamp duty under the Karnataka Stamp Act, 1957, and the duty is much higher if possession is handed over with it, so confirm the correct amount before signing. An agreement of sale does not make you the owner; only a registered sale deed does.
9. Keep a clean payment trail
Pay by bank transfer or cheque, not in cash, and keep every receipt. Income-tax law restricts large cash payments, and on purchases above the value set by the tax law the buyer must deduct tax at source before paying the seller. Check the current rules before you pay.
Warning signs
- The seller cannot produce the original deeds.
- Names in the RTC or khata do not match the deeds.
- An heir is “not available” to sign.
- The price is well below that of similar properties nearby.
- You are pressed to pay the advance quickly, or in cash.
General information only. This article explains the law in general terms and is not legal advice on any particular situation. Laws and procedures change; please take advice on your own facts.