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.
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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.
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