Title Search

In the context of Indian law, a title search is the process of reviewing public records and legal documents to verify the ownership and rights associated with a property. This process ensures that the title is clear and marketable, free from disputes, encumbrances, or legal defects. A thorough title search is crucial for buyers, lenders, and investors to prevent future legal complications related to property ownership.

Some of the Key Acts Governing Title Search

  • Transfer of Property Act, 1882
  • Indian Registration Act, 1908
  • Land Revenue Acts of respective states
  • Stamp Acts of respective states
  • Real Estate (Regulation and Development) Act, 2016 (RERA)
  • Hindu Succession Act, 1956
  • Indian Succession Act, 1925
  • Limitation Act, 1963
  • Specific Relief Act, 1963

Services Provided:

1. Examination of Property Records

  • Deed Verification: Checking the chain of title through sale deeds, gift deeds, partition deeds, and other conveyance documents.
  • Encumbrance Certificates: Obtaining encumbrance certificates from the Sub-Registrar’s office to identify any registered encumbrances on the property

2. Legal Documentation Review:

  • Government Orders: Reviewing any government notifications, acquisition records, or land ceiling orders affecting the property
  • Revenue Records: Verifying records like the Record of Rights (RoR), mutation entries, and revenue survey records to confirm ownership

3. Search for Liens and Encumbrances:

  • Mortgage Search: Checking for any mortgages, charges, or hypothecations recorded against the property.
  • Litigation Search: Investigating court records for any pending litigations, disputes, or judgments affecting the property.

4. Verification of Compliance:

  • Land Use Compliance: Ensuring that the property complies with zoning regulations and land use laws.
  • Building Approvals: Verifying the approval of building plans and compliance with local municipal laws for constructed properties.

5. Title Report Preparation:

  • Abstract of Title: Compiling a summary of the property's legal history, including past ownership, transfers, and any encumbrances.
  • Legal Opinion: Providing a legal opinion on the marketability of the title, highlighting any defects or issues that need resolution.

6. Title Clearance:

  • Rectification of Defects: Advising on steps to rectify title defects, such as executing rectification deeds, obtaining missing documents, or clearing encumbrances.
  • Title Insurance: Assisting in obtaining title insurance to protect against future title disputes.

7. Due Diligence Services:

  • Statutory Compliance Check: Ensuring compliance with various statutory requirements under Indian laws, such as the Transfer of Property Act, Indian Registration Act, and other relevant laws.
  • Public Notice: Publishing a public notice in newspapers inviting claims, to safeguard against undisclosed encumbrances

8. Transaction Support:

  • Drafting and Vetting: Drafting and vetting sale agreements, conveyance deeds, and other legal documents related to the transaction
  • Registration Assistance:Facilitating the registration of property documents with the appropriate Sub-Registrar’s office.

9. Post-Transaction Services:

  • Mutation and Tax Records Update: Assisting in the mutation of property records and updating tax records to reflect the new ownership
  • Ongoing Monitoring: Monitoring for any new claims or encumbrances post-transaction and providing updates.

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