Property Title Verification Checklist Why Hire Advocate BK Singh Before Buying a Home?
Purchase of House/Buying property can be the largest financial transaction you ever make in your life. House may appear to be in good condition, the seller looks like honest person, every thing seems okay but a small defect in your property title can land you into trouble causing years of harassment and financial losses.
Property Title Verification Checklist For Buying Property involves many legal checks instead of just verifying whether there is a sale deed executed in favor of the seller. During title verification we check for chain of ownership, previous sale deeds, seller's right to sell, mortgages if any on property, succession documents, documents related to gift if any, registration etc. We verify different documents based on the type of property you are planning to buy.
As buyer of a property, it is wise to get a in Delhi NCR or anywhere else in India before putting all your hard-earned money at risk rather than rectifying the title defects after you have bought the property.
Advocate BK Singh helps you understand all the documents related to the property from a legal perspective before you put your money at stake. This will enable you to know what type of legal and document issues you are going to face. And you can take a wise decision before entering into such a huge financial transaction.
Just because there is a registered document available with the seller, don’t assume that he has clear and marketable title. Recently the Supreme Court has laid clarification on Registration of document vs Conclusive title.
Whether you are planning to buy a flat/ builder floor/ independent house/ plot/ commercial property or if you have inherited property from your ancestors, Advocate BK Singh can help you analyze your current title documents and highlight what all issues needs to be addressed.
Why Should Home Buyers Verify Property Title Before Paying?
One who purchases a property should be assure about its title as there can be certain gaps, deficiency, restriction or previous claims on the property which are not known by just seeing a property.
By checking title what we actually mean to say is by going through every document related to sale/purchase and possession of the property, we analyze if the seller has all the right to sell that property and what are the documents which needs to be focussed on.
This process can become bit hectic if the property has changed hands multiple times. Be it through succession or through power of attorney or family settlement or if has any loan Etc. or built by a builder
At Advocate BK Singh we see the title of the property from buyer's perspective and not just believe on what your seller/agent says.
Its not to intimidate you prospective buyers but to make you understand what your buying before you spend your money.
Why Is Property Title Verification Important in Delhi NCR and Across India?
Issues related to Title can be multiple while buying any property. Title records with different authorities, Developments made on property, Leasehold/Free hold status of property, Builders credentials, Previous transfers. etc.
Property in Delhi may require some title checks and Property in Noida could require some more/less documents. Same case with other cities in Delhi NCR like Greater Noida, Ghaziabad, Cyberabad, Gurugram, Faridabad and so on. It will be different when buying property in other States also since its State wise authorities who manage them.
At Titlexus, we assist our Buyers in understanding Title related aspects of their Property being bought in Delhi NCR and other parts of India, depending on the facts of the case and documents presented.
When you buy a property you just want see if you can buy what you see. , Right ?
But do you want to know what happened prior to your property?
Quick Facts: What Should Every Home Buyer Know?
- Only registered sale deed is not the proof that it is a clean title deed.
- Will have to verify all the documents/papers related to the property.
- Has seller got the right to sell what they are selling ?
- May be required to verify chain of sale deeds.
- It's mostly a revenue work. So not a proof of title deed.
- If there is any loan/encumbrance against the property, it might affect your decision to buy.
- If the property is mortgaged, you've to be careful about loan details.
- Succession certificate etc. might be required if property is received as inheritance.
- Power of attorney has to be verified. Sale agreement is not conclusive evidence of sale.
What Exactly Does a Property Title Verification Service Check?
Title Search means searching further into the chain of transactions related to that property.
It could involve current title, previous titles, who is selling, transfer of property, if any charges, succession document, authorization to sell the property and details of property.
It depends upon what you intend to purchase. Flat, Plot, Independent House, Builders Floor, Ancestral Property, Commercial etc.
If someone is selling a property by mentioning that it's been in their family since ages. Then taking Documents from the seller only won't help. You would need to search in succession documents, previous owners documents.
Similarly if Power of Attorney is given to someone to sell the property. What powers have been granted and what transactions have taken place should be verified.
BK Singh will be going through your property transaction as if he was the buyer. Ensuring you don't miss out on any loopholes before you pay your money.
Which Laws Are Relevant to Property Title Verification?
It depends on the property and nature of the deal.
Transfer of Property act 1882 deals with transfer of property (Sale). Sale has been defined under section 54 which specifically talks about sale of certain kinds of tangible immovable property. Along with this section 55 talks about rights and liabilities of buyer and seller if there is no contract or provision against it.
Registration Act 1908 deals with Registration of documents. Section 17 of R.A. 1908
Specifically mentions documents which require compulsory registration on attracting the conditions provided in this section.
If dealing with any property under an applicable property project. RERA act 2016 will also have some clauses. It deals with certain sections regarding the project, Promoter obligations and conveyance.
There can be other Acts and Law which can come into picture depending upon prior ownership. Like succession laws if inherited. Or local Land revenue act, Stamp duty & registration laws of the state, development act etc. Court Orders if any.
Who Should Consider Professional Property Title Verification?
Can ignorance of law hurt home buyers?
Yes, if they do not know their title deeds.
Buyers generally care about where they want to live, price, how its built and facilities nearby and loan.
Title becomes a concern after the deal has been struck commercially.
Leaves the buyer at a disadvantage.
Speak to Advocate BK Singh to get yourself aware of your document before buying.
Should NRIs Verify Their Property?
If you are an NRI you may want to have someone do an independent review of the legal paperwork. As you will probably be relying on family or your broker/builder/seller that live in India.
Do I Need A Title Review If I Am An Investor/Business Owner?
If you are buying property as an investment or for commercial purposes you definitely want to verify the property. A legal issue can affect not only your ownership. But also the properties ability to be used for your intended purpose.
What Documents Should a Home Buyer Ask to Have Reviewed?
As discussed above there is no pre-defined list of documents which will be relevant for every property. But there are some documents which the buyer may want to check-
- Sale Deed / Title Deed
- Title Documents such as Sale Deeds of previous owners
- Agreement to Sell (if any)
- Gift/Release deed or Partition deed (if any)
- Will & Documents of succession(if any)
- Mutation & Revenue Records
- Documents showing any Encumbrance, if any
- Mortgage documents if any
- Documents related to possession of the property
- Tax Records of Property
- Plans/ Permissions if any were taken for the property
- Completion certificate or OC if any issued
- Builder – Buyer Agreement for the project in applicable cases
- Details of projects registered under RERA (if any)
- Identity proofs of Seller & Documents which authorise him to sell the property.
- Power of attorney document. If POA holder is selling the property on behalf of the owner.
- Any court order/ Litigation documents (if known)
Advocate BK Singh can visit your property and guide you about the relevant documents which you need to check instead of referring to the above long list.
How Does Professional Property Title Verification Work?
Due Diligence normally begins with knowing your property and understanding the proposed transaction.
We are told by the client what is being purchased, from whom and under what arrangement. The client makes documents available for review.
We trace the chain of ownership, review the documents for consistency with the purported ownership and, if necessary, review applicable registration, revenue or project records.
We then convey any issues to the client in plain English.
It is not our intention to bury you with paperwork. It is to assist you in answering the simple question:
If there is a material issue, the client is in the best position to decide if he/she wants to ask for additional explanation, negotiate, request additional documents or just walk away from the transaction.
Why Should You Hire Advocate BK Singh Instead of Relying Only on the Seller or Broker?
The seller wants to sell.
The broker typically wants the deal to close.
The buyer wants fresh legal eyes reviewing the deal objectively.
Ok. Let’s meet Advocate BK Singh.
When it comes to property, a property lawyer will look beyond the paint job and the spiel. They look at documents, history, authority and plain common sense.
Why would a buyer want this?
Objective Document Review.
Get a professional legal opinion not clouded by the seller’s motivation to sell.
Better understanding of the property’s history.
See documents in time order rather than just the current sale deed presented to you on its own.
Missing or inconsistent documents identified.
Buyer will be alerted if documents aren’t matching up before they proceed with the purchase.
Advice specific to the property.
Resale apartment? Gifted property? Plot? Commercial building? They’ll all have different due diligence.
Make informed decisions.
Fill out a questionnaire and your buyers will know whether things look good on paper, or if they should ask more questions, or walk away altogether.
Reduce avoidable risk.
No one can prevent every future claim. But a professional will help you identify the dodgy stuff.
Why Is Independent Legal Advice More Valuable Before the Agreement?
Once you sign papers and exchange huge sums of money, buyer emotions of commitment make you feel obligated to move forward with your purchase. The seller might not want to renegotiate agreed upon conditions. You might have already locked in your financing. Or maybe your family members are eagerly waiting to move into your new place. Before exchanging money and signing documents, however, the buyer holds more power to ask questions. Advocate BK Singh can help buyers go over legal documents you’ll have access to before finalizing major transaction decisions. Click Here to read What Documents Should Be Checked Before Buying Property in Delhi NCR? for a broader range of property-documents related advice on Property Lawyer Delhi’s website.
What Makes Property Title Verification Different for Delhi NCR Buyers?
Don’t mistake the Delhi NCR property market for a monoculture.
Delhi has Delhi, Noida has Noida Authority, Greater Noida has HASELNUT, Ghaziabad has Ghaziabad Government Layout, Gurugram has DFF, Faridabad has FARIDAIndit. They even have different RWAs or housing societies, property layouts and ways of transacting.
Your customer might buy any combination of a Delhi Development Authority plot one day, an Noida Authority or GH services apartment another and a free-hold house from a builder or relative someday else.
Advocate BK Singh takes that into account while servicing property documents.
He knows where your buyer is buying property from will determine what due diligence he needs to conduct. Say, it’ a DDA sale agreement, a society apartment transfer, a flooring transaction where he bought the property from a stranger, or a property gifted by parents, received as a share from a commercial property, or is selling agricultural land – different laws will apply for each and therefore different documents will need to be verified.
BK Singh tailors his legal advice to your needs accordingly.
When Should You Consult a Property Lawyer Before Buying?
Get professional advice if:
- the property has changed ownership recently;
- you are selling a property that was left to you;
- the vendor/parties have more than one owner;
- someone has appointed a power of attorney;
- there is an existing or previous mortgage over the property;
- the vendor is a company, trust or entity;
- the property is off-the-plan (not yet built);
- the vendor is a builder;
- documents appear to be missing pages;
- names, areas or descriptions aren't quite right;
- you are being pressured to pay the money straight away;
- the property is in the middle of a family dispute or was previously owned by more than one person disputing ownership;
- you are buying from another state or country;
- The property you are buying is considered a high-value Investment property.
How Can Property Lawyer Delhi Help With Property Title Verification?
Document based legal services provided by Property Lawyer Delhi prior to purchasing a property.
If you are a Delhi NCR property buyer or a property buyer from anywhere in India and want a second set of experienced eyes to review your property related documents, background and discuss transaction specific legal concerns, please use this service.
Services revolve around the documents.
We will go through whatever paperwork you have for the property. Advocate BK Singh will highlight documentary concerns, if any, explain to you what various documents/terms mean and advise you if you need any more information/docs from the seller for your own satisfaction. We don't want to rain on your parade. We want you to make an informed decision before parting with your money.
If you have a title dispute, inherited property, mutation problem, registry issue, dispute with builder or any other real estate related matter, we can look into those as well depending on the legal aspect of the issue.
Please head over to Property Title Check Delhi for ownership specific questions.
Why Choose Advocate BK Singh for Home Buyer Title Verification?
Trust the review process. That’ s what it boils down to when selecting a property lawyer. BK Singh is a property-law focused document reviewer and client adviser. We ’ve designed our service with the buyer in mind. Let’ s dive into what that looks like: Understandable Talk Legal documents can be full of confusing language. You should never sign a document without understanding what it says. Buyer Objectivity We review documents from your legal standpoint as the buyer.
Focus on Title Issues Even if your seller has a document, it may not mean that there isn’ t a problem. Speak English, avoid Legal-Speak We will always speak to you in terms that you can understand. You should never be confused about the issue at hand. Specific to Your Situation No two properties will have the exact same questions. Discover Material Title Problems Early Before you’ re too deep into the transaction to walk away.
Frequently Asked Questions
1. Why should I contact Advocate BK Singh before signing the buying agreement?
It’s always advisable to get your buying agreement subjected to verification exercise. Buying property is no longer limited to checking if seller has the current sale deed in his favour. Professional verification would help you review chain of ownership available, seller’s authority to transact, inspect relevant supporting documents for all past transactions, details of encumbrances and any property specific issues. Verification exercise can also highlight missing documents or inconsistencies that you might want to clarify with seller before deciding to buy. Title verification is not a service that would hand you over a piece of paper that says no dispute can arise against the property in future. It helps you understand the information available with you, at the time of buying. Professional guidance is even more suggested in case property is inherited/ jointly owned/ transacted through power of attorney/ previously mortgaged/bought from a builder.
2. Does registration prove clear title on property?
Registration merely proves that a particular transaction relating to immovable property has been registered with the authority. Simply put, India’ registration framework doesn’t provide fool proof/title by registration system. Buyer would still have to go through chain of ownership and other supporting documents before buying property. Advocate BK Singh would review documentation for you and help you understand if what is being claimed by seller about his ownership is backed by those documents.
3. Is mutation adequate proof of ownership before buying property?
Mutation by itself is only related to record of revenue/fiscal details of property and has no role in conferring nor transferring title of the property. Buyer should not treat mutation as an alternative or replacement to go through title documents. Buyer should review all title relevant documents before concluding about ownership of the house he intends to buy. Relevant documents for any property could include review of chain of ownership, instruments registered transferring ownership, have succession documents be applicable) along with mutation records. Advocate BK Singh would help you understand title picture of the property including mutation factor.
4. What documents should I provide to Property Lawyer Delhi for title verification?
Extensive would vary from property to property. Common documents that are relevant to most properties for verification include but not limited to current sale deed, previous title document/s held by seller, agreement to sell, mutation records, property tax receipts, succession documents(if property was inherited), Will/ gift/ release deed(if any),partition deed(if any),mortgage related papers, Power of attorney(if transaction was performed via PoA) and Builder/BroadCast memorandum of association/resolutions(if property was purchased from builder).
Information available on RERA website would also be relevant to verify for properties registered under RERA.
Advocate BK Singh would be able to advise if any additional documents would be required once he reviews the documents provided to him.
5. Can Property Lawyer Delhi verify title for property located outside Delhi?
Yes. Advocate BK Singh can perform title verification for properties located outside Delhi subject to availability of records. Since property can be sold under any authority in India following different Stamp regulations, transaction can happen between various States and even Union Territories(each having their own set of local authorities) where record maintenance systems and laws could vary.
Advocate BK Singh would go through the documents you provide and point out relevant title concerns for property located outside Delhi. No matter where in Delhi NCR you are located, India you are located or if you reside abroad, feel free to contact Advocate BK Singh to better understand your property you wish to buy.
6. Should I get property verified before signing agreement to sell?
Any major legal due diligence ideally should be performed at the earliest. Any verification after buyer becomes too emotionally or financially attached to a property through signing an agreement for sale. Though agreement for sale is not same as completion of sale of immovable property. Please refer https: //www.indiacode.nic.in/show_data_ult.php?trs_ID=419Section 54 of Transfer of Property Act, 1882 to understand agreement for sale vs sale. Benefit of getting verification done before signing agreement for sale is that you can go through title documents and transaction evidencing papers before you become contractually and financially bound to purchase property.
7. Can Property Lawyer Delhi guarantee my property has no future dispute?
No. Not any lawyer providing professional advice would guarantee you that property you intend to buy is 100% free from any future dispute. It’s always possible that subsequent transactions(some that you may be unaware of), undisclosed informations,forgery, succession related disputes(if any) or a number of other reasons can affect subject title at a later date what Title Verification helps you do is understand the paperwork and information available with you and the seller at the time of your purchase. Advocate BK Singh can help you understand the due diligence performed and guide you about your purchase but would not promise you guaranteed results.
8. Is it necessary to get title verification done if I’m buying a new property from builder?
Yes. Even if you are buying a brand new property from a builder, it’s always recommended to go through legal due diligence. Depending on the property and transactions involved, verification would include reviewing promoter documents, project approvals, agreement for sale executed
between parties, RERA details (If project is registered under RERA),title documents, conveyance(if already executed) and several other related documents. RERA has laid down provisions dealing with promoter responsibilities and conveyance of apartment/plot/building etc. to be registered with RERA. Your property purchase can be for apartment/plot or sale of building where conveyance may or may not be involved. Property Lawyer Delhi can advise you through relevant documents that would be applicable for property you intend to buy from builder.
9. Seller doesn’ provide me all relevant documents related to property. Now What?
Seller not providing all relevant documents does not necessarily mean he has something to hide. It’s not recommended that you proceed with purchase when seller is unable to explain to you all the documents related to property. You may still decide to buy property after you know the reason for him not being able to provide certain document. But such decision can only be taken after you are sure of 2 things. Either a thorough verification been carried out by someone you know and trust or you have been professionally assisted by a property lawyer. Property Lawyer Delhi can review documents available with seller and help you understand importance of document that he is not able to provide. Don’t make hefty payments because seller is promising you on phone when there are ownership documents which are yet to be verified.
10. Why choose Property Lawyer Delhi?
Property Lawyer Delhi is a service that aims to provide you with legal services related to property. Property Lawyer Delhi consist of Advocate BK Singh who would review the property related documents for you, help you understand history of ownership, point out any documentary missing links and highlight legal aspects of the property you intend to buy. Title verification is one of many steps to help you understand legal side of purchasing property. But every step you take towards knowing your buying decision legally is a step towards making a secure transaction. Properties can differ greatly from one another and so can the verification process for them. At Property Lawyer Delhi , Advocate BK Singh would provide his services according to your particular property transaction.
Final Thoughts
Even a beautiful house can have a messy legal history.
Believe it or not, the seller’s papers, or the word of the broker, or possession or registration does not necessarily clear up all title issues.
Title Verification helps the buyer to understand the legal validity of the proposed transaction before he/she spends a large amount of money.
If you are purchasing real estate in Delhi, Noida, Greater Noida, Ghaziabad, Gurugram, Faridabad or any other city in India, getting the sale deed vetted by a professional will help you understand completely what you are getting into when you buy.
BK Singh can assist buyers in checking property titles, reviewing sale deeds, and provide any other real estate transaction related legal guidance customized to the facts and documents related to the transaction.
Thinking of buying a property and want to get a second legal opinion before entering into the transaction? Have Property Lawyer Delhi look at the papers you have and know what legal concerns you should look out for.
