Property Litigation and Title Defects in India

A title defect is any fact that prevents an owner from passing clear and marketable title. The common Indian classes are: a broken link in the 30-year chain, an undisclosed legal heir, land under a statutory restriction such as PTCL or grant conditions, a pending suit attracting lis pendens under Section 52 of the Transfer of Property Act, an adverse-possession claim, a forged or impersonated instrument, and government or Gomala land wrongly shown as private. Each requires a different search, and a litigation search across district and high courts is not optional.

All litigation & title defects guides

How to Spot Fake or Forged Property Documents: Verify Against the Source, Not the PDF

Red flags: missing registration numbers, spelling errors, mismatched seller ID, mismatched ink/overwriting, cash-only insistence and below-market pricing. The reliable test is cross-verifying the sale

10 min read

The 7 Biggest Red Flags When Buying Land in India (Each Mapped to a Check)

Top red flags: GPA 'sale' instead of a registered deed, undischarged mortgage on the EC, name mismatch across deed/RTC/mutation, un-mutated property, PTCL/grant or gomala/kharab land, missing DC

9 min read

What Is a Benami Property Transaction and How to Detect Benami Land

A benami transaction is property held in one person's name (benamidar) while another pays — banned under the 1988 Act (strengthened 2016) with confiscation without compensation, 1-7 years jail and a

7 min read

How to Verify if Land Is Government, Gomala or Poramboke Before Buying

Cross-check the survey number's classification in the RTC/7-12/Adangal and at the revenue office, and overlay it on K-GIS/Bhu-Naksha; poramboke, gomala/gairan and government commons cannot be sold or

10 min read

What Is Gomala, Inam and Bagair Hukum Land in Karnataka — and Is It Safe to Buy?

Gomala (grazing/common), inam (grant) and Bagair Hukum lands are government or tenure-restricted and often cannot be freely sold; buying them risks State resumption. Check the RTC tenure column and

7 min read

What Is Lis Pendens (Section 52 TOPA) and How to Check if a Property Is Under a Pending Suit

Lis pendens (Sec.52 TOPA) freezes a property's status during litigation — any transfer is subject to the court's verdict and binds the buyer even if unaware. Check via eCourts/HC party-name searches

7 min read

How to Check if a Company-Owned Parcel Is in NCLT Insolvency Before Buying

For a company seller, search NCLT/IBBI for CIRP and MCA for charges; an asset under IBC moratorium (Section 14) can't be transferred, and a parcel in CIRP can be sold only via the

10 min read

Most Common Land Frauds and Scams in India — and the One Check That Stops Each

Top frauds: fake/forged ownership, double-selling, selling government/PTCL/tribal land, undisclosed mortgages and GPA-only sales. Each maps to a check — verify title at the SRO record (not the PDF),

9 min read

Is a GPA (Power of Attorney) Sale of Property Legally Valid in India?

No. Per Suraj Lamp v State of Haryana (2011, reaffirmed 2025), a GPA does not transfer ownership — only a registered sale deed does. GPA 'sales' carry revocation, fraud and non-financeability risk and

7 min read

What Is PTCL / Granted Land in Karnataka and Why It Can Void Your Sale Deed

PTCL land is SC/ST granted land under the 1978 Act; transfers breaching grant conditions are null and void and can be restored to the grantee even decades later. The 2023 amendment removed the

7 min read

How to Check Pending Court Cases and Litigation on a Property (eCourts, High Court, NCLT)

Run an eCourts party-name search for every current and past owner across district courts, then the State High Court and NCLT for company sellers. An EC only lists registered transactions — it will not

10 min read

Frequently asked questions

How do I check if a property has a pending court case?
Search the eCourts services portal by party name across the district courts with jurisdiction, and separately search the relevant High Court. Because Indian cause lists index by party rather than by property, the search must cover every owner in the recent chain, not just the seller.
What is lis pendens under Section 52?
Lis pendens means that while a suit concerning a property is pending, any transfer of that property is subject to the outcome of the suit. A buyer takes the property bound by the decree even without notice of the case.

Automate the record-gathering

Deedwise pulls every record above from the relevant government portal, reconciles names across languages, builds the chain of title, and prepares an evidence-linked report for your lawyer to review and sign.

Request access