How to Do a Title Search on Property?

A friend of mine recently went through a meticulous process to confirm a clear title for an apartment he was interested in purchasing. His lawyer provided him with advice on how to do a title search on property. He began by verifying the chain of title—essentially tracing the property’s ownership history back to its original owner to ensure every transfer was properly documented. He then checked the title derivation for each past owner, making sure that each transfer, whether through sale, inheritance, or gift, was stamped and registered according to legal standards. 

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How Do I Do a Title Search?

1. Examine the ownership history, reviewing documents like sale deeds and power of attorney to confirm an unbroken chain back to the original owner.

2. Verify the legitimacy of each title transfer, ensuring all transactions are legally documented and properly registered.

3. Check if the current owner has absolute rights over the property by reviewing mutation records and the Record of Rights.

4. Confirm that each titleholder was legally competent, such as being of sound mind and legal age at the time of transfer.

5. Confirm the land type (agricultural or non-agricultural) and its approved use for residential or commercial purposes.

6. For completed properties, ensure the construction complies with local authority standards and obtain occupancy certificates as needed.

7. Check for any liens or encumbrances through the Sub-Registrar's office to ensure there are no financial claims on the property.

8. Confirm there are no active legal disputes related to the property.

9. Verify there are no easements affecting the property, and review any applicable society rules.

10. Publish a notice in local newspapers to invite any undisclosed claims prior to finalising the purchase.

Working with a property lawyer can provide additional assurance throughout these steps, ensuring accuracy and completeness.

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I have shared a general guide on how to do a title search on property. Conducting a title search on property in India involves several steps to verify the ownership and ensure that the property has a clear title. By following these steps, you can effectively conduct a title search and ensure that you are making a sound investment in the property.

How Do I Do a Title Search?

• Gather Basic Information:

  Collect information about the property, including its location, survey number, plot number, and current owner’s name.

• Visit the Local Land Records Office:

  Head to the local sub-registrar's office where the property is registered. They maintain records of all property transactions.

• Access Land Records:

  Most states in India maintain a digital land records database. You can check online for the relevant information. Also, request an EC, which is a vital document that shows the history of the property, including all registered transactions and any mortgages or liens.

• Check Title Deeds:

  Obtain and review the title deeds to ensure that they are in the seller’s name and check for any discrepancies.

• Review Previous Ownership:

  Verify the chain of title by reviewing past ownership records. This ensures that the property has been transferred legally over the years.

• Verify Land Use and Zoning:

  Check local zoning regulations to ensure that the property can be used for your intended purpose.

• Check for Litigation:

  Investigate any ongoing legal disputes related to the property. This can be done by checking local court records or consulting a legal professional.

• Consult a Lawyer:

  It’s often advisable to hire a lawyer who specialises in property law to conduct a thorough title search and provide legal advice.

• Finalise Your Findings:

  Compile all findings, and if everything is in order, you can proceed with the purchase or any legal transaction involving the property.

• Obtain Additional Documents:

  Ensure that the seller provides all necessary documents, including the sale deed and any NOCs from relevant authorities.

I hope this helps you understand how to do title search on property yourself.

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Wondering how to do a title search on property. Here is the answer. Performing a title search on a property in India is essential to ensure that the title is clear and free from any encumbrances or disputes.

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Here's a step-by-step guide on

:

• Collect basic details about the property, including its address, survey number, and any other identifying information.

• Begin by visiting the Sub-Registrar's Office in the jurisdiction where the property is located. Request the necessary forms for conducting a title search, if applicable.

• Apply for an Encumbrance Certificate (EC) for the property from the Sub-Registrar's Office. The EC provides information about transactions involving the property, such as sale deeds, mortgages, leases, and any other encumbrances.

• Submit the required documents and pay the prescribed fee to obtain the EC. Examine the sale deeds and other relevant documents related to the property.

• Verify the chain of title to ensure that the property has been legally transferred from one owner to another without any gaps or irregularities. Look for any clauses or conditions in the sale deeds that may affect the title or use of the property.

• Check the land records maintained by the local revenue department, such as the Record of Rights (RoR) or Patta.

• Confirm the ownership details, land area, and any other relevant information recorded in the land records. Look for discrepancies or inconsistencies between the land records and the documents provided by the seller.

• Search for any pending litigation or disputes involving the property by checking court records.

• Visit the local courts or access online portals to search for cases related to the property, such as suits for partition, injunctions, or title disputes.

• Verify the current status of any litigation and assess the potential impact on the property's title. Confirm that property taxes and other statutory dues have been paid up to date.

• Obtain a tax receipt or clearance certificate from the local municipal authority or revenue department to verify the property's tax compliance.

The main point in how can I do a title search on a property is to seek guidance from legal experts or property lawyers who specialise in title verification and due diligence. Discuss any concerns or issues identified during the title search and seek advice on how to address them.

Document the findings of the title search, including any encumbrances, discrepancies, or legal issues discovered. Maintain copies of all relevant documents, such as sale deeds, EC, land records, and tax receipts, for future reference.

Evaluate the risks associated with the property based on the findings of the title search. Exercise caution before proceeding with the purchase or transaction, especially if significant issues or uncertainties are identified.

This is how to do a title search on property.

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