How to Check that the Property which you intend to buy is Free from Encumbrances and has a clear Title

Overview:  When you buy any immovable property, you have to shell out loads of money. Most people who buy real estate often take loans and pay heavy EMI’s. Any person who buys any real estate for any purpose must check and investigate the title of the property.

Purpose: The purpose of this article is to provide an overview of filing a claim for car insurance.

 

Please note the documents mentioned here are only indicative and the article should not be construed as any legal advice.   

 

Areas of Application of Law: The article is general in nature and does not pertain to any law as such, however, transfer of property act, registration act, as well as evidence act may be perused.

Process:

It is advisable that professionals/advocates be engaged to conduct this title search.

 

Search or investigation of title begins with the perusal of present owner's original title deed which is the title or ownership document for the property in question.

 

Once the original deed is verified then the next step is to verify and peruse the previous title deed. For this search and verification the investigating person would have to visit the office of the concerned sub-registrar and conduct his search in order to check all the documents relating to the property. It is necessary that the previous title deeds be traced and verified so as to avoid any issue of ownership later. It is advisable to peruse and verify deeds of title for the previous 30 years. As Section 90 of the Evidence Act, a document which is 30 years old or more is presumed to be validly executed Further, contents of any document are presumed to represent the correct agreement or understanding between the parties there too. In any case, perusal of all original title deeds for the last 12 years must be done to check for any mortgage or charge on property.

Apart from the title deed, previous title deeds, Intimation of disapproval (IOD) which is a set of permissions that have to be obtained by the builder/developer must be checked. These permissions include approvals and a No Objection Certificate (NOC) from departments like Sewage Departments, Environment Department, Traffic, Fire etc.

Encumbrance certificate must be checked to see if the property is free from encumbrances. It a crucial document and should be mandatorily checked. It is available at the office of the registering authority (sub-registrar). Commencement certificate and approved layout plan of the property should also be checked. Without issuance of the commencement certificate, no construction can be done legally.

 

Finally the purchase document i.e. the sale deed must be carefully perused so as to check if all the terms and conditions as promised exist in it.

 

Documents required to be submitted in the court if any: NA

 

Punishment/Expected Relief: checking and ascertaining that the property which you intend to buy is free from any encumbrance whatsoever and has a clear title.

Landmark Judgments: NA

Legal Process Outsourcing This Document

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