Why It Is
Crucial Before Buying Real Estate in India
Introduction
Property investment is one of the biggest financial
decisions in life. But in India, nearly two-thirds of civil disputes are
related to property ownership. Many of these disputes happen because buyers
skip the most important step: a title search.
A property title search in India is the process of
verifying who truly owns the property and whether the seller has the right to
transfer it. It protects buyers from fraud, fake ownership claims, and
disputed sales.
This guide explains:
What is Property Title Search?
A title search is the process of reviewing official
property records to confirm:
In simple words: A
property title search helps ensure you are not buying someone else’s legal
problem.
Why is Title
Search Important for Buyers?
Documents Required
for Property Title Search
During a title search in India, lawyers and buyers
usually check:
How to Do a
Property Title Search in India?
Step 1: Visit Sub-Registrar’s Office
Check ownership history and encumbrance records.
Step 2: Apply for Encumbrance Certificate (EC)
Can be applied online in many states through land record
portals.
Step 3: Verify Mutation Records
At the municipal authority to confirm updated ownership
details.
Step 4: Check Pending Cases
Search online court records for any disputes on the
property.
Step 5: Hire a Property Lawyer
A professional lawyer prepares a Title Search Report
(TSR) after checking 30 years of ownership history.
What is a Title
Search Report (TSR)?
A Title Search Report is a legal document prepared by
a property lawyer. It includes:
A TSR is considered
the gold standard for property due diligence.
FAQs on Property
Title Search in India
1. Can I do a property title search online?
Yes, many states like Maharashtra, Karnataka, and Delhi offer land record
portals for ownership checks. But always get it legally verified.
2. How many years of title history should be checked?
At least 30 years of records are reviewed during legal due diligence.
3. What if the property has an unclear title?
Avoid buying until the ownership is settled through legal documentation.
4. Is title search mandatory in India?
Not legally mandatory, but strongly recommended to avoid fraud and disputes.
5. Do banks check property titles before giving loans?
Yes, banks appoint lawyers to prepare a TSR before approving loans.
Conclusion
A property title search in India is the foundation of
safe property buying. It confirms ownership, clears doubts, and protects you
from fraud or disputes. Without it, you may face years of litigation and
financial loss.
