A common myth in Indian real estate is that a “Registered Sale Deed” is the final word on ownership. However, in the landmark case of Mahnoor Fatima Imran vs. Visweswara Infrastructure Pvt. Ltd. (May 7, 2025), the Supreme Court clarified that registration is merely a procedural step, not conclusive proof of a valid title.
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If the “chain of documents” behind your registration is flawed, your ownership can be challenged and even declared void, even decades later.
1. The “Chain of Title” Rule
The Court emphasized that for a property transfer to be legally sound, it must satisfy Section 54 of the Transfer of Property Act, 1882 and Section 17 of the Registration Act, 1908.
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What it means: You only own what the seller actually had the right to sell. If any previous link in the chain (e.g., a transfer 20 years ago) was unregistered or fraudulent, your current registered deed becomes a “defective title.”
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The “Possession” Fallacy: Mere physical possession of a house or land does not grant you legal ownership. Without a valid, registered sale deed, you are merely an occupant, not an owner.
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2. The GPA and “Agreement to Sell” Warning
Many buyers use General Power of Attorney (GPA) or Agreement to Sell (ATS) to save on stamp duty. The Supreme Court has reiterated that these are not conveyance documents.
| Document Type | Legal Status | Can it prove Ownership? |
| Registered Sale Deed | Primary document for title transfer | Yes (if the chain is clear) |
| Agreement to Sell | A promise to sell in the future | No |
| GPA / Will | Agency/Testamentary documents | No |
| Allotment Letter | Provisional right to a flat | No |
Legal Note: Under Section 53A of the Transfer of Property Act, an unregistered agreement may protect you from being evicted (Doctrine of Part Performance), but it will never make you the legal owner.
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3. Enhanced Due Diligence Checklist for 2026
Before booking a flat, villa, or plot, lawyers now recommend a “30-Year Deep Dive” into records:
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Search Report (30 Years): Obtain a Title Search Report from a lawyer verifying every transfer for the last 30 years.
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Encumbrance Certificate (EC): Check Form 15 (for specific transactions) and Form 16 (Nil Encumbrance) for at least 15 years to ensure no hidden bank mortgages.
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Mutation Check: Ensure the seller’s name is updated in the Revenue/Municipal records. Registration is for the sub-registrar; Mutation is for the tax/government records. Both must match.
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RERA & Sanctioned Plans: For flats, verify the Occupancy Certificate (OC) and building plan approvals. A registered deed for an “unauthorized construction” is legally worthless….
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