In 2020, the Special Task Force of the Uttar Pradesh Police arrested Mukesh Singh for masterminding a property fraud worth Rs 200 Crore. In January 2023, a team of Delhi’s Crime Branch arrested Sona Bansal over her alleged involvement in Rs 1,500-Cr Gurugram-Manesar Industrial Model Township Land Grab Scam.
Considering there has been a tremendous rise in the number of property-related frauds and scams, a homebuyer needs to ascertain the authenticity of property papers through various checks ─ the ownership of a property is proved by property documents.
While having a legal expert by your side would be the best possible way to ensure you don’t fall prey to some ill-intentioned schemes of unscrupulous entities, there are a few ways to identify fake property papers.
How to identify if property papers are genuine?
Seller’s unwillingness to show property papers
Only sometimes you may be off the mark, but if a seller is showing reservations about showing you the property documents before signing off the deal, they probably have something to hide. Since property transactions are high in value, one has little scope for niceties and polite exchanges. Ask for property papers firmly. If the seller refuses to show it to you, it would be ideal to walk out. There is no lack of options in the market.
Spelling mistakes in property papers
At the time of registration, the officer in -charge inspects each detail mentioned in the sale deed with due care. In case of a mistake in the property papers, the official will certainly point it out to the people concerned and refuse to register the papers till the error is rectified. Keep a close watch to find such inconsistencies in property documents shared by the seller. If the documents carry such errors, this is certainly a red flag.
Inconsistencies in data, names
On similar lines, a sub-registrar would also refuse to accept if there are inconsistencies in the sale deed document.
“For instance, if there is a mismatch in Aadhaar, PAN number of residential address of the parties involved, the official will flag the same and put on hold property registration till the time these mistakes are corrected,” says Lucknow-based legal expert Prabhanshu Mishra, who specialises in property disputes.
“These seem like small problems in a property-related document, but they could go a long way in helping a greenhorn buyer avoid getting into a trap,” he adds.
Importance of property document verification
Verification of property documents can add multiple layers of protection when it comes to buying a new property. Here are some reasons why you must verify the property documents.
Secured investments
Investment in properties should be well planned and must involve thorough investigation beforehand. Real estate investments involve a substantial number of financial commitments and hence, verification can protect you from fraudsters.
Legal compliance
As a property owner, you want your property to be legally obtained from the seller. Valid documentation can help in avoiding legal troubles. An unverified property can attract substantial penalties and even lead to confiscation of the property.
Avoiding future disputes
Verifying property documents can help the owner steer clear of any future troubles that may arise due to forged or incomplete documents. A person having forged property documents can face forfeiture of the property.
Common types of fake property documents
When it comes to buying or selling a property, the risk of encountering fake documents is very high. Understanding the common types of fake property documents is crucial for staying safe. Below are some common types of property documents that you may encounter:
Forged title deeds: Forged title deeds are the most common type of fake property documents. A forged title deed can either be fully or partially fabricated to misrepresent information about the ownership of property.
Impersonation fraud: This type of fraud involves impersonating the real owner of the property to illegally transfer the ownership.
Fake encumbrance certificates: An Encumbrance Certificate (EC) is a legal document in India that confirms a property’s ownership. Fraudsters may use fake certificates to claim ownership of the property.
Fraudulent sale deeds: A sale deed is another document that establishes ownership of a property. Fraudsters have often used fake sale deeds for their benefit.
Common methods used by fraudsters for deceiving individuals
Identity theft: Fraudsters can steal or fabricate information in the property documentation to impersonate the ownership. This method allows them to conduct fraud without suspicion.
Document alteration: Frauds may alter the original documents to modify existing information, such as ownership information or property boundaries. This method involves adding/removing crucial details or using sophisticated printing methods to create convincing fake documents.
Stolen documents: Title deeds or notary seals can be stolen to produce fraudulent property documents. Presented as authentic documents, fake documents can easily deceive individuals or organizations.
Collusion with officials: It has been seen several times that fraudsters often conspire with corrupt government officials to get fake property documents. False registrations, approvals, or certifications are all part of this type of fraud. As this method is done in collaboration with the officials, enhancing the credibility of documents becomes a much easier process for fraudsters.
List of documents to check to avoid property fraud
Before making a purchase, a buyer must check a list of documents to avoid property frauds or legal disputes. These documents include:
- Title deed: Make sure that the title deed is in the seller’s name.
- Sale agreement: Check that a proper sale agreement is available with details, such as terms and conditions of the sale, price, payment schedule, and delivery date.
- Encumbrance certificate: Any liabilities or legal dues on the property can be checked through the Encumbrance Certificate (EC). Make sure that the property is free from any outstanding loans or mortgages.
- Occupancy certificate: An occupancy certificate is issued by the municipality and condoms the completion of construction as per the approved plans.
- Completion certificate: This is another document issued by the municipality confirming the completion of the property as per the approved plans.
- Approved building plan: Make sure that the local municipality has confirmed the building plan of the property.
- Tax receipts: Verify that the owner possesses the latest tax receipts of the property.
- No Objection Certificate (NOC): Make sure that proper NOC is available for water, electricity, pollution control, and fire safety.
- Power of attorney: Make sure to check the power of attorney. Especially if a property is being sold on behalf of the owner.
- Loan clearance certificate: In case at the time of purchase, the property is under a mortgage, ensure to ask for a loan clearance letter from the owner.
Consequences of possessing fake property documents
Possessing fake/forged property documents can lead to severe consequences such as:
Legal battles: Individuals who possess fake property documents can fall victim to unnecessary legal troubles and may have to fight an extended battle to claim ownership of the property. Courts can annul the fraudulent transaction, which can lead to severe financial burden on the owner and prolonged uncertainty.
Financial loss: Severe financial loss is faced by someone in possession of fake property documents. Recovering the invested funds or the property may prove difficult. Buyers may get overburdened with legal expenses, further exacerbating their financial strain.
Loss of property: In many cases, it has been seen that individuals lose their property trying to fight fake documents. The court may declare the property to be illegal, which will lead to a complete loss of assets.
Criminal charges: Having forged property documents can also invite criminal charges of fraud and forgery. According to Section 468 of IPC, whoever commits forgery, intending that the document or electronic record forged shall be used for the purpose of cheating, shall be punished with imprisonment of either description for a term which may extend up to seven years, and shall also be liable to fine.
Steps to verify property documents
Verify title deed: Confirm that the title deed is authentic and matches the name of the current property owner.
Check encumbrance certificate: Ensure that the encumbrance certificate is clear of any outstanding mortgages or legal claims against the property.
Validate sale deed: Confirm that the sale deed is legally executed, properly registered, and reflects accurate details of the transaction.
Confirm approved plan: Verify that the property’s construction adheres to the approved building plan from local authorities.
Verify property tax receipts: Check that property tax receipts are up-to-date and reflect the current ownership and payment status.
Check occupancy certificate: Ensure that the property has a valid occupancy certificate, indicating that it is suitable for living or use.
Investigate land use zone: Confirm that the property is in a designated land use zone as per local regulations and zoning laws.
Verify the identity of the seller: Authenticate the seller’s identity and ensure that they are legally authorized to sell the property.
Guide to verify property documents: Online & offline methods
Below, you can get complete details on how to verify property documents online and offline. You can choose to verify documents according to your convenience.
Online verification method
Individuals can verify the authenticity of property documents online. The online verification process is often the first choice of individuals as it is faster, more convenient, and more accessible as compared to the traditional offline method. Various states have launched their online verification portals in India. Using these portals users can verify various records including title deeds, encumbrance certificates, and property tax details. Below is the complete list of online property verification portals for states.
| Name | Website |
| Bhoomi (Karnataka) | https://bhoomionline.co/ |
| Dharani (Telangana) | https://dharani.telangana.gov.in/ |
| Mahabhulekh (Maharashtra) | https://bhulekh.mahabhumi.gov.in/ |
| AP Meebhoomi (Andhra Pradesh) | https://meebhoomi.ap.gov.in/ |
| Tamil Nadu e-Services | https://eservices.tn.gov.in/ |
| Bhulekh (Uttar Pradesh) | https://upbhulekh.gov.in/ |
| Delhi Land Records Management System (DLRMS) | https://revenue.delhi.gov.in/revenue/land-records |
Steps to verify property documents online via state portals
Step 1: Access the portal
- Visit the state-specific property records website for the property.
Step 2: Verify title deed
- Find the title deed section on the portal.
- Enter property details (e.g., survey number or plot number).
- Check if the ownership details match the seller’s information.
Step 3: Check Encumbrance Certificate (EC)
- Go to the EC section on the portal.
- Enter details like the document number or property location.
- Download and review the certificate for any legal claims.
Step 4: Verify sale deed
- Search for the sale deed related to the property.
- Check if the details (name, property size, transaction dates) match with the seller’s details.
Step 5: Check building plan
- Find the building plan section on the portal.
- Enter property address or survey number.
- Ensure the plan matches the property and is approved by local authorities.
Step 6: Review property tax receipts
- Locate the property tax section.
- Enter the property ID or related details.
- Confirm that all taxes are paid and up to date.
Step 7: Verify Occupancy Certificate (OC)
- Search for the Occupancy Certificate on the portal.
- Ensure it shows the property is built with approved plans and is safe for living.
Steps to verify property documents offline via government offices
Property documents can also be verified offline to confirm their authenticity. You can visit the government offices that handle property records and compliance. Here is how you can perform the property document verification offline.
| Department/Office | Document/Certificate | Steps for verification |
| Sub-Registrar’s Office | Title Deed | – Request a certified copy of the title deed.
– Verify the seller’s name and chain of ownership. |
| Encumbrance Certificate (EC) | – Apply for an Encumbrance Certificate.
– Check for any outstanding mortgages, loans, or legal disputes. |
|
| Sale Deed | – Confirm the sale deed is registered and accurate.
– Ensure all required signatures are present. |
|
| Revenue Department | Land Records (Jamabandi/ROR) | – Request a copy of land records.
– Verify ownership details and property boundaries. |
| Mutation Records | – Check mutation records to confirm the property is registered under the current owner. | |
| Land Use Certificate | – Obtain a Land Use Certificate.
– Ensure the property complies with zoning laws. |
|
| Municipal Corporation | Approved Building Plan | – Request a copy of the approved building plan.
– Verify construction approval and adherence to local codes. |
| Occupancy Certificate (OC) | – Obtain an Occupancy Certificate.
– Confirm the building is safe and complies with the approved plan. |
|
| Property Tax Receipts | – Verify that property taxes are paid.
– Confirm details and ownership in municipal tax records. |
|
| Development Authority | Development Agreement | – Review the agreement between the builder and authority.
– Check for necessary approvals and regulation adherence. |
| Completion Certificate | – Obtain a Completion Certificate.
– Confirm construction meets regulatory requirements. |
|
| NOC from Development Authority | – Check for a No Objection Certificate to ensure compliance with local laws. |
Housing.com POV
Just as important as it is to know how to identify fake property documents, it’s a boon to know how to verify the authenticity. Fake property documents are not just a cause of concern for the seller but also for the buyers as forged documents can attract hefty fines, loss of property, and even imprisonment. Hence, you must be very cautious before buying or selling a property and ensure the authenticity of property documents.
FAQs
How to identify fake property documents?
You can verify the authenticity of documents with the local sub-registrar's office. If needed, consult a legal expert in such matters.
Can a property have multiple owners?
Yes, a property can have multiple owners. This type of property is known as jointly owned property.
How to verify ownership of a property?
You can easily verify the ownership of a property by looking at the property documents, such as title deeds, property tax receipts, and encumbrance certificates.
Can a co-owner sell a property?
A co-owner can sell his/her share of property, but he must obtain the consent of the other owners. Selling the entire property requires the signatures of all owners.
Can a disputed property be sold?
No, a disputed property cannot be sold. In Indian law, selling a disputed property without the consent of all owners is not allowed.
| Got any questions or point of view on our article? We would love to hear from you. Write to our Editor-in-Chief Jhumur Ghosh at jhumur.ghosh1@housing.com |
