Ramesh Agrawal (LL.B , CA)
Quick Summary
The Supreme Court, in a significant ruling, has stated that only registering a property does not make someone its legal owner. The judgment, delivered in the Mahnoor Fatima Imran vs M/s Visweswara Infrastructure Private Limited case, has direct implications for millions of Indian homebuyers and inve
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FAQ :
No, according to a Supreme Court ruling, registration is only one aspect of ownership. You must also prove full payment, possession, and custody of original title documents.
A registered sale can be set aside if the buyer hasn't fully paid, if fraud, coercion, or impersonation is involved, if the seller is a minor or mentally incompetent, or if the seller doesn't legally own the property. Lack of government approvals can also invalidate a sale.
'Buyer beware' (caveat emptor) means that buyers are responsible for verifying the property's title and ensuring the seller has the legal right to sell it, as registration alone is not sufficient proof of ownership.
You should examine the property's title history for at least 30 years, check for encumbrances and update mutation records, ensure no pending litigation or tax dues, issue a public notice for claims, verify zoning permissions, and consult a property lawyer.
If a registered deed is based on fraud or a defective title, buyers could face eviction, lose their money, or become involved in lengthy court battles.
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