Title Search & Verification

Title Search is the systematic legal examination of all historical ownership records, registered documents, revenue records, and public filings related to a parcel of immovable property, going back a minimum of 30 years (and ideally back to the origin of the property) to establish that the current seller has a clear, absolute, and marketable title — free from encumbrances, litigation, fraud, and claims of third parties. In India, title search is conducted by a property lawyer at multiple levels: (a) Sub-Registrar's office — examining all registered deeds (sale, mortgage, gift, lease, will, partition, court decree) in the General Index and Index of Properties to establish the chain of ownership; (b) Revenue records — examination of 7/12 extracts (Maharashtra), Khatauni/Khata (UP, Karnataka), Jamabandi (Punjab, Haryana, Himachal Pradesh), Record of Rights (RoR) to verify revenue ownership, occupancy status, and encumbrances; (c) Court records — search at district courts and High Court for any pending litigation, injunctions, lis pendens, or attachment orders on the property; (d) Government acquisition notices — check with the local authority, collector's office, NHAI, NMRDA, and other bodies for any land acquisition, reservation, or government purchase notifications. After completing the search, the lawyer issues a Title Search Certificate (also called a Legal Opinion or Legal Due Diligence Report) that summarises: the chain of title, persons entitled to sell, nature of the interest (freehold/leasehold), encumbrances found, and the lawyer's opinion on whether the title is clear. This certificate is required by banks for home loan sanction, by RERA authorities, and by sophisticated property buyers before committing large amounts. Title insurance is also available in India (from National Insurance, New India Assurance, and specialised insurers) to cover losses arising from title defects not discovered during search.