How it works
Free
Consultation
Consult with a dedicated senior property lawyer at every stage.
Document
Verification
Senior property lawyer will examine the Govt. records and property papers.
Prepare
Search Report
After examine all the papers the senior property lawyer will prepare search report.
Property Title Search Report
Property title search report is a document prepared by an expert property lawyer after examining registered deed records of Sub-Registry Office and available property documents. A property searching report is a process by which ownership of the property is properly examined by an expert lawyer before the transaction of the property. If an error is found in the title of the property during the preparation of the search report, the buyer is advised or warned not to purchase the property. A search report ensures whether the seller has a marketable title or the right to sell the property. A property title search report is essential to prevent legal disputes after purchasing the property.
A Property search report helps the buyer to be sure about the property title. Generally, a buyer does not want to buy a property if there is a problem or legal dispute with the title of the property as it reduces the security of the property and increases the risk. A property search report helps to identify that the title of the property is clear and marketable. This title search report helps the buyer to make a decision to purchase the property as it ensures the buyer about the property title. This report includes the current status of the property and whether its issues have been resolved and whether the property has been released or has any pending charges. A property with a defective title is valueless because a property's title determines its value. Only a clear title ensures that you have the legal right to sell the property.
PROPERTY TITLE
Property title is a bundle of rights associated with lawful ownership of property that is transferred from the previous owner to the current owner when the property is transferred. A clear and marketable title is conclusive proof of property ownership. Hence, when a property transaction is take place a thorough title search is conducted to ensure a clear and marketable title of the property, a defective property title will land you in legal trouble in the future. Generally, a property title search is done for a period of 12 to 30 years which can be extended or reduced depending on the intention of the buyer, the property documents, and the nature of the transaction.
PROPERTY SEARCHER
A competent person who searches the entries of the deeds registered in the Sub-Registry office is called the property title searcher. Property title searching is a very critical task because each entry has to be searched line by line, so it is very difficult to search here without a professional searcher.
A searcher is only entitled to search public records like sale deeds, gift deeds, lease deeds, partition deeds, etc. In the property registration office, public document entries are made in Book No.1 and it is divided into two indexes such as Index.1 and Index.2. Generally, Index.1 is the list of names of the parties to the deed and Inded.2 is the list of dag/plot numbers of the property.
PREPARE PROPERTY SEARCH REPORT
A property search report is usually prepared by a lawyer after inspecting all the necessary documents related to the property. It clearly describes the history of the property such as how many times the property has been transferred and which owner has been transferred by which deed. After going through the search report there is no need to go through any other documents related to the property.
DOCUMENTS REQUIRED
There are separate documents for each property. There is no reality that all properties require the same document. Without checking the property documents it is very difficult to say what documents are required to prepare the search report for that property. However, the documents that are generally required are as follows.
1) Property deed of the present owner and its chain deed;
2) Mutation certificate;
3) Plot information and parcha;
4) Khajna issued by B.L.R.O;
5) Property tax receipt issued by Municipal Corporation or Municipality;
6) Sanctioned building plan;
7) Completion certificate;
8) Court order or judgment. if any;
9) No objection certificate issued by society;
CONDUCT SEARCHES FOR PROPERTY TITLES
Generally, a property title search is conducted in the following manner-
1) Documents verification: all property-related documents should be checked very carefully while searching for the title of the property and its legal interpretation should be done properly. If there is any problem in the document verification then a proper title search of the property is not possible. At the time of document verification, it is necessary to compare the photocopies with the original copies.
2) Registry office search: the registration of a property is done at the sub-registry office of the area in which the property is situated and registration information such as names of parties and property information is in the public records of the Sub-Registry Office. Therefore, it is very important to search the public records of the registry office by expert searchers when searching for property titles.
3) Court search: nowadays, property disputes are a very common issue and aggrieved parties file suits to settle the disputes. If there is a court order against the seller or any case is pending regarding the property dispute, the buyer will have to face irreparable problems in the future. So searching court records is very important.
ESSENTIAL KEY ELEMENTS
The points covered in a search report are as follows:
1) A property search report contains details about the measurement, location, and nature and character of the property.
2) It contains a thorough description of the present owner or owners of the property such as the name and address of the owner and whether the present owner is an individual, company, or legal entity.
3) It clearly describes the property transfer history such as how much properties have been transferred to which owner on which date.
4) It will contain a clear description of a scrutinized deed, records and document.
5) It must state whether the transferor's right to enjoyment is absolute.
6) It will state whether the property has any unpaid taxes.
7) It will state whether there is any third-party interest in the property.
8) It will state whether there is any case pending against the property, but this cannot be said without searching the court record.
9) It will state whether the property title is clear and marketable.
10) In addition, any specific opinions, suggestions, or comments can be added to the conclusion of the search report.
