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Property title verification is a crucial step in the process of purchasing real estate. It involves thorough examination and confirmation of the ownership and legal status of a property's title. This verification is essential to ensure that the property has a clear and marketable title, free from any encumbrances or legal disputes. Here are the key steps and considerations for property title verification.
Obtain Property Documents:
Sale Deed/Conveyance Deed: Obtain a copy of the sale deed or conveyance deed, which is a legal document transferring the ownership of the property from the seller to the buyer.
Mother Deed: Review the mother deed, which traces the chain of ownership of the property from its origin to the current owner.
Encumbrance Certificate: Obtain an encumbrance certificate from the local sub-registrar's office. This document provides information on any encumbrances, mortgages, or legal claims against the property.
Property Tax Receipts: Collect property tax receipts to verify that the current owner has paid all property taxes.
Verify Ownership and Title:
Title Search: Conduct a title search to verify the ownership history and ensure that there are no undisclosed or competing claims on the property.
Mutation Record: Check the mutation record to confirm that the property's ownership details have been updated in the local revenue records.
Litigation Search: Perform a litigation search to identify any pending legal cases or disputes related to the property.
Verification of Signatories: Verify the signatures on the property documents to ensure the authenticity of the transaction.
Confirm Property Boundaries:
Site Inspection: Physically visit the property to verify its boundaries and dimensions. Confirm that the property matches the details mentioned in the documents.
Survey Records: Review survey records to confirm the property's boundaries and check for any discrepancies.
Check for Encumbrances:
Mortgage Verification: Check for any existing mortgages or loans on the property. Ensure that the seller has clear ownership and the authority to sell.
Release of Encumbrances: Verify if there are any encumbrances mentioned in the sale deed, and ensure that they have been released.
Seek Professional Assistance:
Legal Opinion: Obtain a legal opinion from a qualified and experienced property lawyer. The lawyer can identify potential legal issues and provide guidance on the title's validity.
Document Verification: Have the property documents thoroughly reviewed by a legal professional to ensure compliance with all legal requirements.
Additional Considerations:
Development Plan and Zoning Regulations: Check the property's alignment with local development plans and zoning regulations.
Pending Dues and Charges: Verify if there are any pending dues, charges, or penalties associated with the property.