Think you own your house? SC says registration alone means nothing - Here's the list of documents you need to prove property ownership

The Supreme Court of India said in a landmark ruling that just registering a property does not automatically prove the ownership of the same. The apex court said the true ownership required much more documentation and not merely the registration. The decision came during the verdict of a case around a dispute where the appellant, despite having a property registration, was not recognised as the rightful owner due to various legal nuances surrounding the land transaction. Giving the judgment in the case, the SC said a registered document does not automatically establish legal ownership unless the title and possession of the property are in line with the law.

The case said that in order to own a property, there is a need to prove the “legal possession" of the same - and that could be attained by further documentation.

The ruling is against the commonly practised mechanism in the real estate world, where people assume that once a property is registered, the buyer automatically holds legitimate ownership rights. But the SC clarified the importance of due diligence, including verifying the legitimacy of the property’s title and ensuring that all relevant documentation is in place.

The ruling said the actual physical;l control of the building is the vital element of ownership. A property might be registered, but if someone else has physical possession or there are disputes regarding the title, ownership could be contested.

List of documents you must possess to prove ownership

1. Sale Deed

It is a crucial legal document that serves as proof of the transfer of property from seller to buyer.

2. Mother Deed

The Mother Deed traces the entire ownership of the property. It is particularly needed by banks when a buyer seeks a loan against the property.

3. Sale and Purchase Agreement

The Sale and Purchase Agreement is one of the most important documents when buying a flat. It has all the terms and conditions written that are agreed upon by both buyer and seller.

Apart from these, the Building Approval Plan, Building Plan, Layout Approval, Possession Letter, Completion Certificate, Khata Certificate, Allotment Letter, Encumbrance Certificate, No Objection Certificates (NOCs), Identity and Address Proof, and Compliance under RERA (Regulation and Development) Act, 2016 are also required.