Property Terms Explained: Title Deed, EC, Khata, Mutation (India)

A title deed is the document trail that proves who owns a property in India. A sale deed is one type of title document, the registered deed that moves ownership from seller to buyer. An encumbrance certificate shows registered loans and charges. Mutation and khata are local records. None of them alone proves clear title.

Last updated: 6 November 2026

In short

• Sale deed = one document. Title = the whole chain of documents behind it.
• An encumbrance certificate (EC) lists registered dealings. It does not prove ownership.
• A 30-year title search is common lender and lawyer practice. No single statute fixes the period.
• Mutation and khata are tax and revenue records. They support title but do not create it.
• A GPA or SPA does not transfer ownership of immovable property (Supreme Court, Suraj Lamp, 2011).

Quick comparison table

Title deed vs sale deed

"Title deed" is a loose term. It means the set of documents that show ownership: earlier sale deeds, gift deeds, partition deeds, wills, court decrees and so on. A sale deed is one such document. In India, a sale of tangible immovable property worth Rs 100 or more can be made only by a registered instrument (Transfer of Property Act, section 54, as quoted by the Supreme Court). The Supreme Court said the same in Suraj Lamp & Industries v State of Haryana (decided 11 October 2011): immovable property is transferred only by a registered deed of conveyance.

So when a seller says "I have the title deed", ask which deeds, and ask for the chain behind them.

Encumbrance certificate (EC)

What it shows. An EC lists registered transactions on a property for a period you choose: sales, mortgages, releases and other registered charges. A "nil" EC means no registered dealing in that period.

What it misses. An EC does not show an unregistered agreement, a pending court case, unpaid property tax or an informal family claim. Treat it as one check, not a clearance.

Where to get it. Sub-registrar offices issue ECs, and many states offer them online. In Karnataka the online route is the Kaveri portal: https://kaveri.karnataka.gov.in. Other states run their own portals, for example the Registration and Stamps Department portal (IGRS) in Telangana and the IGR portal in Maharashtra. Confirm the current portal for your state.

How many years. You select the period when you apply. The right period depends on what your lender or lawyer needs. A 30-year EC pairs with a 30-year title search, and a longer period shows more history.

See also: How to check a property online in India and Encumbrance certificate in Karnataka.

Clear and marketable title

A clear title has no recorded defect or charge. A marketable title is one a prudent buyer would accept without fear of a later claim. In practice that means:

1. An unbroken chain of documents back to a trustworthy root.
2. No registered mortgage or charge outstanding.
3. No pending litigation or attachment on the property.
4. Each transfer made by someone with the right to make it, and properly registered.
5. Taxes paid and approvals in place.

Marketable title is an opinion based on the documents available. It is not a guarantee against every hidden claim.

30-year title search

Why 30 years? It is market practice. Banks and lawyers commonly look back about 30 years to catch defects such as a missing heir, a forged deed or an old mortgage. No single statute fixes the number, and lender policies differ.

What it covers.

• Every deed from the root document to the present owner.
• Registered mortgages and releases (the EC).
• Revenue or municipal record entries (mutation, khata, RTC or 7/12 extracts where applicable).
• Court and tribunal cases against the owner or the property.
• Approved plans and use of the land.

Read a sample structure in our post on the 30-year TSR format.

Mutation and why it matters

Mutation is the change of the owner's name in the land revenue or municipal record after a transfer. Different states use different names and portals (Bhoomi in Karnataka, Mahabhulekh in Maharashtra, and others). It matters for three reasons:

• The recorded owner pays the tax and receives official notices.
• Banks and authorities usually want the record in the owner's name.
• A name that never changed after several sales is a warning sign.

Mutation is a fiscal record. The Supreme Court has repeatedly held that a mutation entry does not confer title (for example Jitendra Singh v State of Madhya Pradesh, 2021). It supports title but does not create it. See mutation of land records online.

Khata in Bengaluru: A khata, B khata, e-Khata

The khata is the municipal record used for property tax in Bengaluru. News reports say that in 2025 Karnataka replaced the BBMP with the Greater Bengaluru Authority and city corporations under it, so older documents may still say BBMP.

e-Khata is the digital form of the khata record. In 2024 the Karnataka government announced that property sales in Bengaluru need an e-khata for registration. Rules and B khata schemes have changed since, so check the current position on the official portals before relying on any summary. See e-Khata in Bengaluru.

Power of attorney (GPA / SPA) risks

A General Power of Attorney (GPA) gives an agent broad authority. A Special Power of Attorney (SPA) covers specific acts. Neither moves ownership.

In Suraj Lamp & Industries v State of Haryana (11 October 2011), the Supreme Court held that "GPA sale", agreement to sell with GPA and will arrangements do not convey title to immovable property. Such papers cannot be the basis of mutation in revenue or municipal records. The Court said existing arrangements may be treated as agreements to sell, and that buyers can complete title with a registered deed. It also said genuine powers of attorney, such as those given to a relative or under a development agreement, are not affected.

Risks of a POA purchase:

• The owner may have died. The POA usually ends on the principal's death.
• The owner may have revoked it.
• The seller may be a "GPA holder" with no right to sell.
• No registered deed means no registered title.

Buy by a registered sale deed signed by the owner, or by an agent whose registered POA clearly covers the sale, after the lawyer has verified it.

How LegiScore fits

LegiScore produces an AI property title and risk report with a rating from AAA to C, for buyers, lawyers and banks. Buyers can start at Rs 999: https://legiscore.in/for/property-buyers.

This page is general information, not legal advice. Ask a local advocate to confirm the position for your property and state.

Frequently Asked Questions

Is a sale deed enough to prove ownership in India?

No. A registered sale deed proves a transfer took place. It does not prove the seller had good title. You need the full chain of earlier deeds.

Does an encumbrance certificate prove I own the property?

No. It shows registered transactions and charges for the period you request. It does not show ownership, unregistered claims or court cases.

Why do banks ask for a 30-year title search?

It is common market practice for catching defects in the ownership chain. No single statute sets it, and a lender may ask for a different period.

Can I buy property through a GPA or SPA in India?

You should not rely on it for ownership. The Supreme Court held in 2011 that GPA, SPA and will arrangements do not transfer title. Insist on a registered sale deed.

Is a B khata property illegal?

Not automatically. It usually means the layout or building does not fully meet approval rules. Loans and resale can be harder, so check the regularisation position.