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How to Check if a Property is Disputed or Under Litigation – A Complete Guide for Buyers

Posted by Melkoora on 06/27/2025
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Buying property is a major decision—financially and emotionally. But what if you unknowingly buy a property that is under dispute or litigation? It can lead to years of legal trouble, loss of money, and mental stress. Fortunately, there are clear ways to verify whether a property is legally clean or not before you sign the dotted line.

Here’s a step-by-step guide on how to check if a property is disputed or under litigation in India, especially in states like Kerala.


🧾 1. Scrutinize the Title Deed

What to do:

  • Check if the current owner has a clear and marketable title to the property.
  • Look for the chain of ownership—the title should have passed legally from one owner to another without breaks.

Red flags:

  • Missing links in ownership history
  • Multiple names or contradictory claims on the same property

📄 2. Get an Encumbrance Certificate (EC)

Where to get it:

  • Sub-Registrar’s Office
  • Online (in many states including Kerala via ReLIS portal)

What it shows:

  • Legal dues, mortgages, leases, or court attachments on the property
  • Details of all registered transactions over a chosen period (typically 13–30 years)

Red flag:

  • If there’s a court case or lien noted in the EC, proceed with caution.

🏛️ 3. Check Court Records and Online Legal Databases

How to check:

  • Visit the District Court website of the area where the property is located.
  • Use the party name (seller or property owner) to search pending or past cases.
  • Search through platforms like:

Tip: Even if there is no official record, check local legal circles or bar associations for informal alerts.


📋 4. Review the Mutation and Tax Records

Where to get it:

  • Village Office (rural areas) or Municipal Corporation (urban areas)

Why it’s important:

  • Confirms the current legal owner of the property
  • Ensures the property is not involved in pending land disputes or illegal mutations

👥 5. Verify with Local Authorities or Neighbours

Talk to:

  • Local residents
  • Property agents in the area
  • The local ward councillor or panchayat member

They may alert you to any hidden or community-level disputes that haven’t reached legal records yet.


🔍 6. Conduct a Legal Due Diligence through a Property Lawyer

If you are buying high-value property or land:

  • Hire a real estate lawyer to verify the documents
  • Ask for a legal opinion or title report
  • Confirm if the land use, ownership, and construction approvals are legally sound

Bonus: Lawyers may also uncover pending inheritance claims or power-of-attorney misuse, which are common dispute triggers.


🚫 Common Legal Disputes in Property

  • Inheritance conflicts among heirs
  • Fake or forged documents
  • Double sales of the same property
  • Illegal land conversion or encroachment
  • Mortgage defaults not declared

A property may look attractive and come at a great price, but if it’s under dispute or litigation, it can turn into a nightmare. Always verify before you buy. A few extra days of due diligence can save you years of legal hassle.


📞 Need help with verifying a property before purchase?
We offer legal property checks, document reviews, and litigation reports to ensure you’re buying 100% safe. Reach out to us before you invest!

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