You may have a property registered in your name but that doesn’t mean you legally own it. That’s the latest twist from the Supreme Court, and investment banker Sarthak Ahuja says the fallout could be massive for buyers and heirs across India.
“The Supreme Court made an important ruling this week saying that getting a property Registered in Your Name does not make you the Owner!!!” Ahuja posted on LinkedIn, warning that registration is now just one step – not the final word – in proving legal ownership.
Based on the Court’s view, ownership is not automatic. Ahuja breaks down what’s needed to actually establish your title:
A registered Will is essential. “The Court says unregistered documents have lower legal standing.”
If inheriting, secure written NOCs from siblings. If buying an inherited property, get them from the seller’s family.
Power of Attorney or an Agreement to Sell alone won’t count without a registered Sale Deed.
Bank statements showing payment were made by the buyer are key.
Physical possession must accompany legal paperwork.
NOCs are required from the society, utilities, tax department, and any banks involved.
You must have the Mother Deed – the chain of previous sale documents – to prove clear ownership history.
“There are a number of other documents too,” he adds – including the seller’s ID proof, building plan approval, and Khata Certificate – each critical to avoid future legal challenges.
The stakes are high: “Property matters and family disputes is the largest share – more than 70% – of civil litigation in India,” Ahuja said. With real estate values surging, he urged buyers and heirs to treat paperwork as seriously as the property itself.
“Please be aware and educate yourself on these things,” he warned. “Registration is just the beginning.”