How to Check if a Property is Disputed or Under Litigation – A Complete Guide for Buyers
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:
- ecourts.gov.in
- judis.nic.in
- State-specific high court or lower court websites
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!