Title search law in India
When a person buys a house, it is fair to assume that the seller has the legal authority to transfer ownership. However, such an assumption may have disastrous repercussions if another person claiming the asset appears. That is why a title search is so important.
The term “Title search” is a process that ascertains the ownership rights of property and serves as evidence of the right to claim ownership over said property.
Property title verification in India involves scrutinising publicly available records about the property to verify the legal ownership of the property. Examining the title should also ascertain the existence of any encumbrances or legal interests on the property that may impact your acquisition.
Conducting a title search is a crucial aspect of the residential property acquisition procedure, as it serves to verify the buyer’s legal entitlement to the property, unencumbered by any defects or encumbrances. The importance of conducting a title search can be attributed to several factors.
A title search verifies that the present sellers are the legal owners of the property and that no other parties have any unresolved claims against it.
Identifying liens and claims:
A title search has the potential to reveal any monetary and/or legal encumbrances on the real estate, including but not limited to unpaid property taxes, encumbrances on the property, and any easements.
Ensuring marketable title:
A title search verifies that the property in question possesses a clear and marketable title, thereby mitigating the risk of potential legal implications for the buyer in the future.
A title search might uncover several issues that can prevent a property from being sold, including zoning violations, a break in the chain of title, and active legal cases against the owner.
In India, the process of carrying out a title search is typically undertaken by either a legal professional specialising in the title search or a specialised firm dedicated to such services. The title of a property is a crucial aspect that individuals take into account when acquiring it, as it serves as evidence of their ownership rights or claims.
In the process of a title search, the title search lawyers will examine numerous land documents spanning several years to identify any potential land ownership complications. In situations where tax issues remain unresolved, it is forbidden for a property proprietor to sell or transfer the property’s ownership rights. The presence of a lien can invalidate any transfer of ownership.
Conducting title searches can provide valuable insights into various aspects of real estate, including property taxes, property deeds contracts, CC&Rs (contracts, terms, and restrictions), and other pertinent details.
The lack of clarity in the title search law in India can be attributed to several factors, including legacy issues stemming from the Zamindari system, inadequacies in the legal framework, and suboptimal administration of land records.
Our approach to title searches in India is precise and thorough. Property Title Search Lawyers thoroughly examine titles to help our clients make educated real estate choices. We collect sale deeds, transfer deeds, encumbrance certificates, and other property-related legal papers.
Our firm provides a comprehensive range of title services to our clientele, encompassing all aspects of the process such as –
- Title searches
- Title clearing
- Assistance with lien satisfaction
- Title insurance policies
- High tech contract uploads
- Instant net sheets
- Preparation of closing documents
Title Search Lawyers check and communicate with local authorities to ensure compliance with local legislation, construction plans, and other permissions. We also check for ongoing litigation that may affect the property’s title.
1. Is property valuation provided in the Title Search Report?
Yes, the Title Search Report includes a property value. The report includes the property’s market and government values.
2. Why is the title search conducted for 30 years?
Title search is conducted for 30 years for two reasons. Firstly, the limitation period against the state is 30 years. And secondly, according to Section 90 of the Evidence Act, any document that has existed for 30 years or more is considered to have been executed validly.
3. Can I perform a title search independently, or should I hire a professional?
It’s feasible to do a title search yourself. However, a property title search lawyer or title search business is suggested. They have the expertise, experience, and resources to investigate, analyse legal complexity, and offer correct findings. Professional title searches assure accuracy.
4. Is a title search necessary for a property that is being inherited or gifted?
A title search is necessary even If the property is inherited or gifted. This assures that the transferred property has a marketable title without encumbrances or legal problems. Verifying the property’s ownership and legal status protects the recipient’s rights and avoids future issues.
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