Property is the largest asset most families own, and also the most litigated. A few checks before buying or inheriting can prevent decades of court proceedings.

How ownership is established

Title flows through a chain of documents: sale deeds, gift deeds, partition deeds, wills or court decrees. Possession, mutation in municipal and land records, and payment of taxes support but do not by themselves prove title. In West Bengal, land records (Record of Rights, including the khatian) and mutation with the Block Land and Land Reforms Office and the municipality are important.

Registration and stamp duty

Under the Registration Act, 1908, documents transferring immovable property worth more than one hundred rupees must be registered. Stamp duty and registration fees depend on the state and transaction value. Unstamped or under-stamped documents are inadmissible until duty and penalty are paid. In Suraj Lamp and Industries v. State of Haryana (2011), the Supreme Court held that sales through general power of attorney, agreement to sell and will do not validly transfer title.

Due diligence checklist

• Title search covering at least thirty years, as is usual practice, and a legal opinion.
• Encumbrance certificate, mortgage and litigation search.
• Approved building plan, completion and occupancy certificates.
• Land-use classification and any conversion permission required under the West Bengal Land Reforms Act, 1955.
• Seller's identity, authority and, for companies, board resolutions.

Specific protections

• RERA: real estate projects must be registered and buyers have remedies for delay. In 2021 the Supreme Court held the West Bengal Housing Industry Regulation Act, 2017 repugnant to the central RERA, so RERA applies in the state.
• Benami law: the Prohibition of Benami Property Transactions Act, as amended in 2016, can result in confiscation of property held in another's name.
• Adverse possession: twelve years of open, hostile possession can defeat the owner's title, so owners should not delay in acting against trespassers.

Common disputes

Partition suits, injunctions, declaration of title, specific performance of agreements, tenant eviction, builder default and boundary disputes. Timely legal notice and suit, together with evidence of possession, are key.

Need Guidance? Contact KC LEGAL

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This article is for general information only and is not legal advice. Law and procedure change; please verify the current position for your specific case. Last reviewed: November 2026.