You may live in your house, pay every bill, even have it registered in your name — but in the eyes of Indian law, you could still own nothing.
Real estate advisor Aishwarya Shri Kapoor has issued a stark warning: the Transfer of Property Act, 1882 — reinforced by a key Supreme Court ruling — means millions of Indians may not legally own the homes they believe are theirs.
The 2012 Suraj Lamps verdict, reaffirmed in 2022, turned conventional wisdom on its head. Registration alone no longer proves ownership. The Court was clear: “Property registration is not conclusive proof of ownership. Title must be established through legal evidence.”
That evidence must form a complete legal chain — a registered sale deed backed by lawful payment, a valid chain of previous ownership, a mutation certificate with the current owner’s name, and documents proving actual possession. Without this, you may be legally invisible.
Kapoor points to a common scenario: a family home passed down through generations. The current occupant pays taxes, holds electricity bills, and has lived there for decades. But if the property was never mutated into their name, or lacks a clear chain of title, they hold no legal ground.
She puts it bluntly: “If any relative files a claim, you could lose 20 years of peace in two court hearings.”
Mutation is not a bureaucratic step — it is legal proof of ownership in government records. Without it, you cannot sell the property, mortgage it, develop it, or defend it against fraud. The law won’t ask how long you’ve lived there — only what you can prove on paper.
According to Kapoor, 80% of property disputes in India stem from missing mutation, verbal inheritance, or informal deals using power of attorney. These cases can drag through courts for years, draining families emotionally and financially.
Her message is urgent and clear: if you can’t prove it, you don’t own it. The time to fix that is now.