In India, verifying the title of commercial land is a critical step in the property transaction process. This verification is primarily the responsibility of the buyer, who typically engages a qualified property lawyer or a professional title search agency to conduct thorough due diligence.
Who Verifies the Title?
- Buyer’s Legal Counsel: The buyer’s lawyer examines all relevant documents to confirm the seller’s legal ownership and ensure the property is free from disputes or encumbrances.
- Title Search Professionals: Specialized agencies or professionals may be hired to perform detailed investigations into the property’s history.
Key Steps in Title Verification
- Review of Title Documents: Examine the chain of ownership through documents like the sale deed, gift deed, or inheritance records, ensuring there are no gaps in ownership history.
- Encumbrance Check: Obtain an Encumbrance Certificate (EC) from the sub-registrar’s office to verify that the property is free from mortgages, liens, or legal dues.
- Verification of Land Records: Check revenue records, such as the Record of Rights (RoR) or Patta, to confirm the current ownership status and any land use restrictions.
- Inspection of Approved Plans and Permissions: Ensure that any constructions on the land have the necessary approvals from local authorities.
- Litigation Search: Conduct a search for any pending legal disputes or litigation involving the property.
- Physical Verification: Visit the property site to confirm boundaries and ensure there are no encroachments or unauthorized occupations.
Engaging experienced legal professionals for title verification is crucial to safeguard your investment and ensure a smooth transaction.
