A property title search is the process of confirming that the person selling a property actually owns it and can convey a clean title, and that no other person has a claim, charge or encumbrance over it. In West Bengal this means checking the deed chain, the land records on the state portal, mutation and conversion entries, and the encumbrance position before any money changes hands. This checklist sets out what to verify and which records to demand from the seller.
How to check the chain of title
- Trace the ownership back through successive sale deeds, gifts, partitions and inheritance, for a period long enough to show a settled title.
- Match every link: each seller in one deed should be the buyer in the previous deed, so there is no gap or unaccounted transfer.
- Check that mutations, partitions and inheritance are recorded, because a title that depends on an unrecorded succession can be attacked.
Land records in West Bengal
West Bengals land records are published on the state land records portal, Banglarbhumi, which carries the Record of Rights (ROR) and the khatian. The ROR and the khatian show the recorded owner, the nature of the land and the plot details. Mutation records show that a transfer has been entered in the revenue records, though mutation by itself does not create or prove title — it only reflects the position for revenue purposes. Revenue records and deed records answer different questions, and a buyer needs both to line up.
Vesting, ceiling and conversion
- Confirm whether the land is vested in the State or recorded as ceiling-surplus, because such land cannot be freely sold.
- Where agricultural land is sold for non-agricultural use, check that the necessary change of land use (CLUU) has been obtained, and that the conversion is reflected in the records.
- Check the classification in the record: a plot shown as agricultural cannot be built on until converted.
Encumbrance, RERA and flat-specific checks
- Obtain an encumbrance search from the registration office for the period relevant to the property.
- For an under-construction flat, confirm the projects registration under RERA 2016 and the West Bengal Housing Industry Regulation Act, and the promoters disclosures.
- For a society flat, check the share certificate, the societys no-dues and the conveyance status.
- Verify that property tax and municipal dues are paid, and that there is no pending litigation or notice.
How the search is actually done
A title search begins with the latest deed and works backwards through every transfer, gift, partition and inheritance until a settled root of title is reached. Each deed is checked for the recital of the earlier title, for the boundaries and schedule, and for any reservation or condition. The registration office is then searched for the encumbrances and for the deeds themselves, and the revenue records are checked for khatian, mutation and conversion. Where the property is a flat in a housing society, the society records and the RERA disclosures are examined. Finally the findings are reduced to a title opinion stating whether the title is clear and marketable and what risks remain. Because the exercise is documentary and technical, it is done by a lawyer rather than from a portal printout alone.
Documents to demand from the seller
- The original title deed and the entire chain of prior deeds.
- Current khatian, ROR and mutation records.
- Conversion (CLUU) order, where the land was agricultural.
- Encumbrance certificate and tax receipts.
- For a flat, the RERA registration and the society no-dues certificate.
- Identity and address proof of the seller and, where relevant, of the legal heirs.
Common mistakes
- Relying only on mutation or possession and not checking the deed chain.
- Assuming a Banglarbhumi entry proves ownership, when it is a revenue record.
- Buying agricultural land without confirming conversion.
- Overlooking vested or ceiling-surplus land.
- Not searching encumbrances for the full relevant period.
FAQs
How do I verify property documents in West Bengal?
Verify the deed chain, the khatian and Record of Rights on the state land records portal Banglarbhumi, the mutation entries, any conversion order, and the encumbrance position. A lawyers title opinion should be taken before payment, because each record answers only part of the question.
Is a khatian proof of ownership?
No. A khatian and the Record of Rights are revenue records showing the recorded holder for land-revenue purposes. Ownership is proved by the deed chain, and the two must be reconciled.
What is a title search report?
It is a written opinion, prepared after examining the deeds, revenue records and encumbrances, stating whether the seller has a clear and marketable title and what risks remain. Banks usually require it before sanctioning a loan.
Does RERA registration protect a flat buyer?
A project registered under RERA 2016 and the West Bengal Housing Industry Regulation Act gives the buyer disclosures and remedies against delay. It does not by itself prove the promoters title to the land, so the title search is still necessary.
What documents should a flat buyer check first?
For a flat, start with the RERA registration of the project, the promoters title to the land, the society share certificate and no-dues, and the municipal assessment records, then check the encumbrance. These together show the promoters right to sell and the position of the flats dues.
FileX Advocates & Legal Consultants, Kolkata, conducts title searches and due diligence for property across West Bengal and appears before the Calcutta High Court, the City Civil courts and the registration and tribunal forums. Call +91 7439811422 or WhatsApp us for a free first consultation. See our property title disputes and property registration services, browse registration formats, or contact us.