The Hidden Property Trap: Why Registration Alone Isn't Enough
Investment banker Sarthak Ahuja warns that simply registering a property in your name does not guarantee legal ownership. Discover the critical steps you need to take to ensure your property rights are protected.
Real EstateProperty RegistrationLegal OwnershipSupreme CourtCivil LitigationReal Estate NewsJun 22, 2025
You may have a property registered in your name but that doesn’t mean you legally own it. That’s the latest twist from the Supreme Court, and investment banker Sarthak Ahuja says the fallout could be massive for buyers and heirs across India.
“The Supreme Court made an important ruling this week saying that getting a property registered in your name does not make you the owner!!!” Ahuja posted on LinkedIn, warning that registration is now just one step — not the final word — in proving legal ownership.
Based on the Court’s view, ownership is not automatic. Ahuja breaks down what’s needed to actually establish your title:
A registered Will is essential. “The Court says unregistered documents have lower legal standing.”
If inheriting, secure written NOCs from siblings. If buying an inherited property, get them from the seller’s family.
Power of Attorney or an Agreement to Sell alone won’t count without a registered Sale Deed.
Bank statements showing payment were made by the buyer are key.
Physical possession must accompany legal paperwork.
NOCs are required from the society, utilities, tax department, and any banks involved.
You must have the Mother Deed — the chain of previous sale documents — to prove clear ownership history.
“There are a number of other documents too,” he adds — including the seller’s ID proof, building plan approval, and Khata Certificate — each critical to avoid future legal challenges.
The stakes are high: “Property matters and family disputes is the largest share — more than 70% — of civil litigation in India,” Ahuja said. With real estate values surging, he urged buyers and heirs to treat paperwork as seriously as the property itself.
“Please be aware and educate yourself on these things,” he warned. “Registration is just the beginning.”
Frequently Asked Questions
What does the Supreme Court ruling say about property ownership?
The Supreme Court ruled that simply registering a property in your name does not automatically make you the owner. Additional steps and documents are required to establish legal ownership.
Why is a registered Will important?
A registered Will has higher legal standing compared to unregistered documents. It is essential for establishing clear ownership, especially in cases of inheritance.
What are NOCs and why are they necessary?
NOCs (No Objection Certificates) are required from various entities such as the society, utilities, tax department, and banks. They confirm that there are no objections to the transfer of property ownership.
What is a Mother Deed and why is it important?
A Mother Deed is the chain of previous sale documents that proves the clear ownership history of a property. It is crucial for avoiding future legal challenges.
What other documents are critical for property ownership?
Other critical documents include the seller’s ID proof, building plan approval, and Khata Certificate. Each document plays a vital role in ensuring the legality and clarity of property ownership.
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