Right to Information About Land Titles
Written in plain language to promote general understanding. This is educational information, not legal advice. Based on Indian central (Union) law — Constitution of India, central Acts of Parliament, and Supreme Court decisions.
Indian Central Law
What is this right?
Every person has the right to access public land records to verify ownership, encumbrances, and title history of property before purchase or lease.
- Registration Act, 1908: All documents relating to immovable property (sale deeds, mortgage deeds, gift deeds, lease deeds over 1 year) must be compulsorily registered with the Sub-Registrar of Assurances. Registered documents are public records accessible to any person.
- Encumbrance Certificate (EC): You can obtain an EC from the Sub-Registrar's office showing all transactions registered against a property for a specified period — this reveals whether the property is mortgaged or has any charge over it.
- 7/12 Extract / Record of Rights (RoR): In rural and agricultural land, the land revenue department maintains records identifying the legal owner — available online in most states (e.g., bhulekh.up.nic.in for UP; mahabhulekh.maharashtra.gov.in for Maharashtra).
- RTI Act: You can file an RTI application to obtain copies of land records, survey maps, and property tax records held by government bodies.
- RERA portal: All encumbrances, title deeds, and approvals for registered real estate projects must be disclosed by the developer on the RERA portal.
When does it apply?
- You are buying or leasing property and need to verify clear title.
- You want to check whether the property is encumbered (mortgaged, under litigation).
- You are a buyer in a RERA project and need to verify the developer's title to the land.
What should you do?
- Obtain an Encumbrance Certificate from the Sub-Registrar's office for the last 15–30 years before purchasing any property — apply in Form 22 (state-specific form).
- Check the 7/12 extract or RoR online on your state's land records portal.
- Engage a lawyer to conduct a title search (trace the chain of title for 30+ years) before paying any advance.
- File an RTI if specific land records are not available online or if you suspect discrepancies.
What should you NOT do?
- Do not rely solely on the seller's documents without independently verifying them at the Sub-Registrar's office.
- Do not pay a large advance before receiving the Encumbrance Certificate — the EC may reveal an undisclosed mortgage.
- Do not purchase agricultural land without verifying whether you are legally permitted to own it — many states restrict agricultural land purchase to farmers.
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