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Property law: frequently asked questions

What documents should be checked before buying property in Bangalore?

Check the mother deed and the full chain of title for at least the last thirty years, the encumbrance certificate from the sub-registrar, the khata certificate and extract, up-to-date property tax paid receipts, the approved building plan and commencement certificate, and the release certificate if the property was ever mortgaged. For land converted from agricultural use, the DC conversion order is essential.

What is the difference between A khata and B khata in Bangalore?

An A khata property is recorded in the municipal register as compliant with building bye-laws and statutory approvals, and can be freely sold, mortgaged and licensed for construction. A B khata property is recorded in a separate register because of a deviation such as unauthorised construction or unconverted land. Banks are reluctant to lend against B khata property and building approvals are difficult to obtain.

What is an encumbrance certificate and why does it matter?

An encumbrance certificate is a record issued by the sub-registrar listing all registered transactions affecting a property over a stated period, such as sales, mortgages and court attachments. It is the primary evidence that the seller holds clear title and that the property is not already mortgaged or subject to a charge. In Karnataka it can be obtained through the Kaveri online services portal.

Should title be verified before or after paying an advance?

Before. Most property disputes are avoidable at the agreement stage. Once money has changed hands the buyer’s leverage is gone and the remedy becomes a suit. Ask the seller for the mother deed and the encumbrance certificate at the first meeting.

Can property inherited by several heirs be sold by one of them?

Not on their own. Where property has passed to several legal heirs, each holds an undivided share, and a sale of the whole property requires all of them to join in the conveyance or to have executed a release or partition. A buyer dealing with only one heir acquires that heir’s share alone, which is a frequent source of litigation.

This page is general information about Indian law, not legal advice. For advice on your own matter, call +91 70907 21111.