Who is responsible for title clearance?

​In India, title clearance is a crucial step in property transactions, ensuring that the property’s ownership is legitimate and free from legal disputes or encumbrances. Here’s an overview of who is responsible for this process and how it is carried out:​

Parties Responsible for Title Clearance

1. Buyer’s Responsibility:
   
   • It is primarily the buyer’s duty to ensure that the property has a clear title before proceeding with the purchase.
     
   • Buyers typically engage legal professionals to conduct thorough due diligence on the property’s title.​
     
2. Legal Professionals (Advocates/Solicitors):
   
   • Buyers often hire advocates or solicitors to perform a detailed title search.
     
   • These legal experts examine historical ownership records, check for encumbrances, and verify the authenticity of property documents.
     
   • They may also issue a Title Clearance Certificate, confirming that the property’s title is clear and marketable.​
     
3. Sub-Registrar’s Office:
   
   • This government office maintains records of property transactions.
     
   • Legal professionals access these records to verify past ownerships and ensure there are no legal issues associated with the property.​
     

Importance of Title Clearance

• Legal Assurance: Confirms that the seller has the legal right to transfer ownership.
  
• Financial Security: Ensures that the property is free from mortgages, liens, or other financial liabilities.
  
• Avoidance of Future Disputes: Protects the buyer from potential legal challenges related to property ownership.