बिहार में ज़मीन खरीदने से पहले कागज़ात की जाँच (टाइटल सर्च)
At a glance
- Law
- Registration Act, 1908 · Bihar revenue records
- Who
- Buyers, long-term lessees and lending banks
- Where
- Registry office, Circle Office, Bihar Bhumi portal, courts
- Time
- 1–3 weeks
What it is
An examination of the government and registration records to confirm that the seller actually owns the land, has the right to sell it, and that it is free from disputes, mortgages and claims of other heirs. The result is a written legal opinion on title. In Bihar, where much land is still recorded in the names of ancestors and family partitions are often oral, this check is the buyer's main protection.
Who needs it
- Any person buying land, a house or a flat
- Any person taking land on long lease
- Banks, before granting a loan against property
Step-by-step process
- 1
Collect the seller's documents
Sale deeds, gift or partition deeds, the khatiyan, the current jamabandi, and the latest rent receipt (lagan rasid).
- 2
Survey record (khatiyan)
Check the Cadastral Survey and Revisional Survey khatiyan for the khata and khesra numbers, area, and the original recorded holder. Where the new special survey has been completed in the village, check the new record of rights as well.
- 3
Chain of title
Trace every transfer from the recorded holder to the present seller, usually for at least 30 years, through registered deeds, inheritance and partition.
- 4
Family tree
Where the land came by inheritance, prepare the family tree (vanshavali) and confirm that every legal heir, including daughters, has joined in the sale or has given up rights by a registered deed.
- 5
Jamabandi and mutation
On the Bihar Bhumi portal, confirm that the current jamabandi (Register II) stands in the seller's name and that rent is paid up to date.
- 6
Encumbrance search
At the registry office, search the index registers for any sale, mortgage, agreement or power of attorney already made over the same plot.
- 7
Litigation search
Check civil court, revenue court and land tribunal records for pending suits, mutation appeals or orders under Section 163 BNSS (earlier Section 144 CrPC) concerning the plot.
- 8
Land category
Confirm that the land is not government land (gair-mazarua), ceiling-surplus, Bhoodan, or land restricted from sale.
- 9
Site inspection
Confirm the boundaries (chauhaddi) and possession on the spot, and that the area matches the papers.
- 10
Legal opinion
A written report records each document examined, any defects found, and the steps needed to cure them before purchase.
Documents required (from the seller)
Checklist · 7 items- All title deeds (sale, gift, partition, will, decree) for the last 30 years or more
- Khatiyan (CS / RS, and new survey record if prepared)
- Current jamabandi copy and latest rent receipt
- Mutation order (dakhil-kharij) in the seller's name
- Family register (vanshavali) and death certificates, where the land came by inheritance
- Land Possession Certificate (LPC), where available
- Identity proof of the seller(s)
Time usually taken
1 to 3 weeks
Ordinarily one to three weeks, depending on how quickly the records can be obtained.
Points to remember
- 01Mutation and jamabandi are revenue records for collecting rent. They are not by themselves proof of ownership; the registered title chain is.
- 02An unregistered agreement or a sale through a general power of attorney does not transfer ownership (Suraj Lamp & Industries v. State of Haryana (2012) 1 SCC 656).
- 03Pay the price only through banking channels, and ensure every co-owner signs the sale deed.
Frequently asked questions
Is jamabandi or mutation proof of ownership of land in Bihar?
No. Mutation and jamabandi are revenue records for collecting rent. They are not by themselves proof of ownership; the registered title chain is.
For how many years should the title be checked before buying land?
The chain of title is usually traced for at least 30 years, through registered deeds, inheritance and partition.
Do daughters need to join the sale of inherited land?
Where the land came by inheritance, every legal heir, including daughters, should join in the sale or should have given up rights by a registered deed.
Does a GPA sale or an agreement to sell transfer ownership?
No. An unregistered agreement or a sale through a general power of attorney does not transfer ownership (Suraj Lamp & Industries v. State of Haryana (2012) 1 SCC 656).
About the author
Advocate Vivekanand
Founder & Principal Advocate, Vivekanand Law Firm · MA (English), MBA, LL.B., Author. Full profile
Disclaimer. This publication is for general legal information and education only. It is not legal advice on any particular matter and does not create an advocate-client relationship. Procedures, fees and time limits change from time to time and may differ from office to office; verify the current position before acting.
यह प्रकाशन केवल सामान्य कानूनी जानकारी और शिक्षण के लिए है; यह किसी विशेष मामले में कानूनी सलाह नहीं है, और इससे अधिवक्ता-मुवक्किल संबंध नहीं बनता।
— Adv. Vivekanand, Motihari
Related practice
Civil and Property Litigation