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Q.

How do I independently verify a property's title before buying instead of just trusting the seller's lawyer?

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Summary
To independently verify a property’s title, conduct your own title search with a property lawyer instead of relying on the seller’s lawyer. Check the 30-year Encumbrance Certificate, land and court records, mother deed, taxes, mutation or khata, approvals, and seller documents. Obtain certified copies and a written title report before paying.

Before purchasing a property, conduct a title search to determine who owns it and discover any legal issues. Do not rely just on the seller's lawyer, as they are hired to complete the seller's transaction and may not adequately defend your interests. So, it is important to conduct your own title search and consult a property lawyer. 

This extra step can help you prevent ownership conflicts, hidden legal issues, and other problems that may develop even after the property has been registered. Below, I have shared how to do a property title search.

What Does a Property Title Search Involve?

  1. Get the Encumbrance Certificate (EC) for the last 30 years from the sub-registrar's office or the state portal. Check for mortgages, liens, or overdue legal fees.

  2. Verify land revenue sites (such as Karnataka's Bhoomi or the equivalent in your state) for the survey number, boundary details, and owner's name.

  3. Check court records on the National Judicial Data Grid (NJDG) or eCourts using the seller's name and property information to rule out any ongoing disputes.

  4. Make sure your property taxes and municipal dues are paid. Check to see if the khata or mutation records match the seller's name.

  5. Review the mother deed and keep track of the ownership history for at least 30 years. Search for missing papers or invalid transfers.

  6. Also, verify the approved building plan, land-use licenses, Occupancy Certificate for completed structures, and RERA registration for under-construction projects, if required.

  7. Verify the seller. Check their PAN and Aadhaar. In addition, check succession or probate documents for inherited property.

A 30-year title search typically takes 7 to 15 working days. It is best to hire an experienced lawyer and obtain a written title report before paying. Check property borders, obtain certified copies of the EC and mother deed, and double-check all information against official land records. I hope this helps.

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