Blog > Registration doesn’t mean Ownership? - A clarifying ruling by the SC

Registration doesn’t mean Ownership? - A clarifying ruling by the SC

The recent judgement by the SC has made a clarifying call on “Who owns the land?” and the difference between the terms “Registry” and “Ownership”.

For years, people have assumed that having registered the property means they have ownership rights to it, but this ruling has stated that Property Registration does not always mean legal ownership.

Registration VS Ownership: One is on paper the other is a legal right
  • The supreme court has clarified that Registration is just an act of administration; it records the sales and transfer of property.
  • Meanwhile, Ownership gives you the legal right to use the land however to your needs, you can sell, rent or use it the way you want.
Why does this rule matter? Know your rights

If you have registered a property but didn’t make a legal background, check on it or made an informal property transfer, this ruling could be your wake-up Call.

Because these situations in which you are unsure if you have the ownership to the property or not, could land you into various troubles like:

  • Selling the property in the future due to no legal ownership.
  • Legal disputes with past owners.
  • Risk of losing the property
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Quick Guide for Property Buyers: Must-Have Legal Documents Before You Register Your Property

Buying property is an emotional milestone. But before you get it, make sure you’ve secured the papers that protect your future.

Here’s a must-check list every smart buyer should know:

  1. Sale Deed (Registered Property Transfer Document)

    2. The Sale Deed is your primary legal proof that confirms the legal sale and transfer of ownership from seller to
    buyer. It must be registered.
    Without it, you can’t legally sell the property later.

  2. Mother Deed (Property Ownership History Document)

    3. This foundational legal document traces the entire title history of the property — previous owners, transfer methods
    (sale, gift, inheritance), and legal transitions.
    Essential for legal clarity and bank loans.

  3. Sale & Purchase Agreement (Legal Contract for Real Estate Purchase)

    4. Outlines the terms and conditions of the property deal, including:

    • Sale price, payment schedule
    • Penalty clauses and handover dates

  4. Building Plan Approval / Layout Sanction Plan

    5. Before construction begins, builders must secure approval from appropriate authorities. It Ensures your property is built on legally sanctioned land. Without this, your property may be declared illegal later.

  5. Possession Letter (Property Possession Date Proof)

    6. Issued by the builder, stating the date you can take over the property. Not a proof of ownership — for that, you need a Registered Sale Deed.

  6. Occupancy Certificate (OC) / Completion Certificate (CC)

    7. This certifies that the construction is complete and complies with approved plans. It is Mandatory for getting water, electricity, and other utilities and without it, your property is considered unauthorized

  7. Khata Certificate / Patta (Property Tax & Land Rights Document)

    8. This document is necessary for paying property tax & home loans. This lists the property’s size, type, and usage. Often required by banks during loan processing.

  8. Allotment Letter (Under-Construction Property Buyer Document)

    9. If you’re buying an under-construction property, this letter is vital. This document, issued by the builder, states flat/unit number, cost, and payment plan. Crucial for loan disbursals and future verification.

  9. Encumbrance Certificate (EC)

    10. A peace-of-mind document. This certificate confirms there are no legal or financial disputes against the property. It is obtained from the sub-registrar’s office.

  10. NOCs (No Objection Certificates for Property Registration)

    11. Depending on project and location, request:

    • Environmental clearance
    • Fire department NOC
    • Society NOC
    • Agricultural Land Conversion Certificate

  11. Seller's Identity & Address Proof

    12. Always cross-check Aadhar, PAN, or Passport to Confirm actual ownership and fraud prevention

  12. RERA Compliance (Real Estate Regulation Act, 2016)

    13. Under the Real Estate Regulation and Development Act, 2016 (RERA):

    • Builders must register projects (area > 500 sq. m. or > 8 units)
    • Buyers should verify the project’s RERA registration and check for any complaints against the builder or project.
    • Agents/brokers must also be RERA registered
    • Agricultural Land Conversion Certificate
    Visit your State RERA portal to verify project details.

Bottom Line:

Don’t just collect documents — verify them.
You’re not just buying walls and windows. You’re buying safety, trust, and peace of mind.

Checklist:
  • Verify the paperwork
  • Own your due diligence
  • Secure your investment