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IS THERE A GAP IN THE CHAIN OF TITLE?

The Free Press Journal - Mumbai

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October 12, 2025

When resale records are patchy, it is advisable to proceed with caution; here’s a veteran’s guide to buying real estate with confidence

- Amit Chopra

In more than three decades of working in real estate, I've seen one mistake haunt buyers more than any other: overlooking a gap in the chain of title.

At first glance, a property may appear attractive—priced well, located well, with no obvious issues. But when documentation is incomplete, particularly after multiple resales, the risks multiply. Buying without clarity can turn what looks like an asset into a liability.

A gap in ownership records means one or more sale deeds or transfers are missing. That alone raises a critical question—who is the real owner? If a prior owner, heir, or even a creditor appears years later with a valid claim, your purchase could be challenged. Missing records also open the door to disputes about inheritance rights or unpaid debts tied to the property.

Then there are hidden encumbrances: mortgages, pledges, or pending litigation that may not surface unless you dig deep. In cooperative housing societies, the risks increase, since incomplete or outdated records make it difficult to confirm whether the seller was ever a legitimate member. Banks are wary of such gaps as well. They often refuse loans for properties without a clean title, and even if you manage to buy, a future resale may be nearly impossible.

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