Who verifies the land title during the sales process?

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1. Buyer or Buyer’s Representative

The initial responsibility to verify the land title typically falls on the buyer or their appointed representative. In most industrial land transactions, especially those involving high-value properties, buyers conduct comprehensive due diligence to confirm clear and marketable title before proceeding.

  • Actions Taken:
    • Requesting all ownership documents from the seller.
    • Engaging professional advisors to validate authenticity.
    • Reviewing chain of title for uninterrupted legal transfers.

2. Legal Advisor or Property Lawyer

A real estate attorney or property law specialist plays a central role in title verification. The lawyer is often hired by the buyer to perform a thorough legal check of the property documents.

  • Key Responsibilities:
    • Verifying the title deed and ownership history.
    • Examining land records, mutation entries, and revenue documents.
    • Ensuring there are no encumbrances, liens, or legal disputes.
    • Issuing a legal opinion or title report to the buyer.

3. Title Search Agency / Title Verification Company

In large-scale or institutional land transactions, third-party title verification agencies may be appointed to conduct an independent investigation into the ownership and legality of the land.

  • Services Provided:
    • Title search report covering a span of 12 to 30 years (or more).
    • Checks with local land registry, municipal records, and court databases.
    • Certification of marketable and litigation-free title.

4. Financial Institutions / Bank (If Loan is Involved)

If the buyer is financing the purchase through a bank or financial institution, the lender conducts its own independent verification before approving the loan.

  • Bank’s Role:
    • Appoints its legal counsel to examine title documents.
    • Validates mortgageability and insurability of the land.
    • Insists on encumbrance-free and legally compliant ownership.

5. Registrar/Sub-Registrar Office (Limited Scope)

During the sale deed registration, the sub-registrar’s office checks for basic documentation and the legitimacy of the transaction, but does not perform a full legal title verification.

  • Scope of Checks:
    • Ensures property documents are properly stamped and signed.
    • Verifies identity of the parties involved.
    • Confirms that the land falls within the registering jurisdiction.

6. Industrial Development Authority (If Applicable)

If the land is located within an industrial estate or allotted by a government industrial board (like MIDC, KIADB, SIDCO, etc.), the authority may also verify and certify ownership and compliance before approving the transfer.

  • Authority’s Role:
    • Ensures seller is a valid allottee with transfer rights.
    • Checks for leasehold-to-freehold conversion (if relevant).
    • Approves No Objection Certificate (NOC) for the sale.

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