Buying a home can be the most expensive thing you will ever do. The property might look fine, the seller seems to be a truthful person, everything seems in order but just one problem with your property title can cost you years of hassle and money. A Property Title Verification Checklist for Buying Property does not only include checking if there is a sale deed in place. There are many legal aspects we check when doing a title verification such as chain of ownership, past sale deeds, seller's authority to sell, any mortgages on the property, succession documents, registration etc. Depending on the type of property you are buying we check different sets of documents. As a property buyer its better to get a title verification done in Delhi NCR or any other part of India before you invest big money in a property rather than fixing title problems later. Advocate BK Singh assists you to know all the documents related to the property from a legal point of view before you invest your money. So you can know what kind of legal and documentary problems you might encounter. And make a well informed decision before buying. Don't assume that if there is a registered document with the seller then he has a clear and marketable title on the property. Supreme Court has recently clarified on the difference between registration of document and conclusive title. So if you are looking to buy a flat / builder floor / independent house / plot / commercial property or a property received through inheritance Advocate BK Singh can assist you to look at your existing title documents and find out what issues need to be dealt with. A person who buys a property should make sure about the title as there might be certain lacunae, deficiency, restriction or prior claims which one can't know just by visiting a property. What we mean by checking title is to look into all the available document with regards to sale and possession of a property and see if the seller is fit to sell that property and any document which will need to be focused on. This can get quite troublesome if the property has passed through many hands over a period of time. Whether it was received through succession, power of attorney, family settlement, is under loan or is built by some builder. We at Advocate BK Singh take the buyer's view when looking into title of a property and not just base it on what seller/agent tells you. It is not meant to scare off buyers but rather help them understand what they are buying into before parting with their hard earned money. There can be many things while purchasing any property in Delhi NCR. Records with various authorities, Developments on property, Leasehold Free hold status, Builders papers, Previous transfers. etc. Property in Delhi could need certain checks and Property in Noida could need some more/less papers. Same in case of other cities like Greater Noida, Ghaziabad, Gurugram, Faridabad and so on. It will vary in case of other States as well since its State specific authorities who take care of it. We help Buyers with Title aspects of their Property purchase in Delhi NCR and rest of India based on the case facts and documents available. So when you buy property you just want to buy what you can see. Right ? Do you want to know what went ahead of the property? Well this is something you should know. Registered sale deed doesn't establish that it is a clear title. Have to check all the paper works and documents relating to the property. Seller has to be authorized to sell what they are selling. Chain of sale deeds might have to be verified. Usually just a revenue work so not a proof of title. If there is any encumbrance it might affect your buying decision. If the property is under loan then you have to be cautious. Succession certificate etc will be required if its inherited property. Power of attorney needs to be checked. Sale agreement does not amount to a sale. Title Search is about digging deeper into the chain of events pertaining to that particular property. This could include existing title, past titles, who is selling the property, transfer of property, charges if any, succession document, authorisation to sell the property and the specifics of property. It will vary depending upon what you are buying. Whether its a Flat, Plot, Independent House, Builders Floor, Ancestral Property, Commercial property etc. Say someone is selling property by claiming it was in their ancestry. Then the seller document would not be the only thing that you should be looking at. You may need to go into succession docs and earlier owner's documents. Same goes for when Power of Attorney has been given to sell property. What powers have been given and transactions should be looked into. Advocate BK Singh will be analysing your transaction as if he is on buyers side to make sure no loopholes are missed out before you spend your money. Depends on the property and type of deal. Transfer of Property act 1882 plays an important role when dealing with sale of an immovable property. Sale has been defined under section 54 which deals with sale of certain types of tangible immovable property. Along with this, the section 55 enumerates rights and liabilities of buyer and seller when there is no contract to the contrary. Registration Act 1908 is concerned with the registration of documents. Under section 17 provides a list of documents which require mandatory registration when attracting situations provided under the section. In case of any applicable property project RERA act 2016 also could play an important role. It includes certain sections regarding the project, what the promoter should do and conveyance. Other Acts and Laws can also come into picture based on previous ownership such as succession laws, local land revenue acts, stamp duty and registration laws, development act and even Court Orders. Definitely if they are unaware of their title deeds. Buyers most of the time are concerned about where they want to live, cost, how it was built and facilities available and loans. Title may become important after the commercial deal has been finalized. This puts the buyer in an unfavorable position. You can contact Advocate BK Singh to be informed of your document prior to buying. If your an NRI you may want to receive an independent check of the legal documentation. As you most likely will have to depend on your relatives or broker/builders/seller that are in India. If your purchasing property for investment or as a commercial use you should get the property verified. A legal defect can not only effect your ownership of the property but there use as well. As mentioned above there is no fixed list of documents that will be applicable for all properties. However there are certain documents that the buyer might have to look for- Advocate BK Singh can look at the property and tell you what documents you should ask for instead of going by the above check list. Conducting Due Diligence typically starts with knowing the property and understanding the proposed deal. The client provides available documents and tells us what is to be purchased, from whom and under what arrangement. We check the chain of ownership, review the documents to see if they are consistent with the alleged ownership and, if necessary, examine relevant registration, revenue or project files. We then communicate any issues to the client in layman's terms. Our goal is not to pile on paperwork. It is to help you answer the fundamental question: Based on the documents provided, should you proceed with the proposed transaction or are there important issues that must be dealt with prior to purchase? If there is a significant issue, the client is well informed to decide whether to ask for more clarification, negotiate, request further documents or walk away from the deal. The seller desires to sell. The broker usually wants the deal to happen. The buyer wants unbiased legal eyes on the deal. Enter Advocate BK Singh. A property lawyer sees past the property cosmetics and the sales pitch. It's all about the papers, history, authority and obvious risk. Objective document review. Receive an unbiased legal opinion that is independent of the seller's financial motivations. Gain a clearer picture of the property's history. Review documents in chronological order rather than just seeing the current sale deed in a vacuum. Spot missing or mismatched documents. Buyer can be made aware if something doesn't line up before they move forward with the transaction. Advice tailored to the property. Different properties require different checks. A resale apartment, inherited property, plot and commercial building are likely to all require varying due diligence. Help make informed decisions. Based on the information you provide, buyers will know if things seem to look good on paper, need more explanation or warrant further investigation. Minimise preventable risk. While no legal evaluation can prevent every future claim, a professional will help spot obvious issues before purchase. After signing documents and exchanging large amounts of money, buyer dynamics of practicality pressure you. You feel obliged to go through with the purchase. The seller may not want to alter agreed-upon terms. You may already have arranged financing. Or your family members may be anxiously awaiting possession. Before such steps, the buyer has more leverage to ask questions. Advocate BK Singh can assist buyers in reviewing legal documents available before making major transaction decisions. Also see What Documents Should Be Checked Before Buying Property in Delhi NCR? for a more general scope of property-documents guidance on Property Lawyer Delhi’s website. The property market across Delhi NCR isn’t homogeneous. Delhi, Noida, Greater Noida, Ghaziabad, Gurugram and Faridabad each have their own local bodies, RWA or housing societies, property layouts and transaction patterns. The buyer himself could be buying a Delhi Development Authority building plot one day, an Noida Authority or Ghaziabad Government Layout apartment another, and a free-hold house from a builder or a family member someday else. That’s how Advocate BK Singh approaches property documents. He knows the property you buy will affect the kind of due diligence you must do. Whether it’s a DDA sale agreement or society apartment transfer, flooring transaction or property gifted by parents, commercial property share transfer or sale of agricultural land, the laws and documents relevant for checking will vary. BK Singh customises his legal services accordingly. Get professional help if: Property Lawyer Delhi offers document oriented legal services for Buyers before buying a property. Delhi NCR property buyers as well as buyers across India who desire a professional second look at property documents, background and transaction specific legal issues can make use of this service. You receive legal services centered on the documents. Advocate BK Singh will review the property papers you have, point out any obvious documentary issues, explain what documents/terms mean and suggest whether the buyer should seek additional information or documents from the seller. Its not our job to create roadblocks for you. Its our job to ensure you take the right decision while buying a property. Should you have a title dispute, inheritance property, mutation issue, registry matter, builder dispute or any other real estate matter, we can analyze that too based on the legal nature of the issue. You can visit Property Title Check Delhi for questions specifically related to property ownership. Trust in the review process. That’s what it comes down to when choosing a property lawyer. BK Singh has a property-law centered background as a document reviewer and client advisor. We’ve built our service with the buyer in mind. Here’s what that means: Talk you can understand Legal documents can be confusing. You should understand what a document says before you trust it with your money. Objective Review We look at the documents from your legal standpoint as the buyer. Chain of Title Matters Just because your seller has a document, doesn’t mean there isn’t a problem. Speak plainly, avoid legalese You should understand the issue. That doesn’t mean we’ll bombard you with legal jargon. Tailored to your property Questions will vary from property to property. Find material title issues early Ideally, before you’re too far along in the transaction to back out without losing money. Entrusting your buying agreement to proper verification is recommended because buying a property is not as simple as checking whether the seller has the current sale deed. Professional verification can help review the chain of ownership available, authority of seller to transact, relevant supporting documents for any transaction, encumbrance details and property specific issues.It may also throw light on missing documents or inconsistencies that you may wish to question before making the decision to buy. Verification is not meant to offer you a certificate that absolutely no dispute can arise at some point in the future. Instead, it allows you to assess the information available at the time of purchase. Professional advice is particularly recommended where property is inherited/jointly owned/transacted via power of attorney/previously mortgaged/bought from builder. Registration does not amount to title, but merely confirms that a particular transaction involving an immovable property has been registered with competent authority. In other words, India’s registration system does not provide an absolutely reliable system of title by registration. A buyer will still need to review the chain of ownership and supporting documents before buying. Advocate BK Singh can verify the documentation to understand whether the information claimed by the seller about his ownership matches with the documents presented. No, mutation in itself is concerned with record of revenue/fiscal-related details of property and does not confer nor transfer title. Buyer should therefore not treat mutation as a substitute or alternative to reviewing title documents.Before buying a house, buyer needs to review all relevant documents to arrive at an informed conclusion about the ownership of the property.For any given property, it could include examining chain of ownership, registered instruments transferring ownership, succession documents(if any) along with the mutation records. Advocate BK Singh can assist you in understanding the property’s title picture including the mutation aspect. It depends on the property and its history. Common documents which are usually relevant for title verification include but not limited to current sale deed, previous title document/s, agreement to sell, mutation records, property tax receipts, succession documents(if any), Will/ gift/ release deed (if any), partition deed (if any),mortgage related documents, Power of attorney (if any) and builder/BroadCast memorandum of association/resolutions (if purchased from builder). Yes, property title verification can be performed for property located outside Delhi subject to availability of the relevant records. Since property transactions can take place across India under a variety of State and local authorities, record maintenance systems and regulations, the legal and documentary requirements may change. Ideally any major legal due diligence should be carried out at the earliest. Once the buyer becomes significantly committed to a property transaction through executing an agreement for sale, it would be prudent to undertake any verification. Agreement for sale is not equivalent to completion of the sale of immovable property. Please refer Section 54 of Transfer of Property Act, 1882 to understand difference between agreement for sale and sale. Advantage of verifying before entering into agreement for sale is that you can review title documents and transaction related papers before you enter into a contractual or financial commitment. No, no lawyer who provides professional advice would guarantee that the property you intend to buy is absolutely free from any future dispute. Title verification examines the paperwork and information that is available at the time of purchase. Future transactions (which you may not be aware of), undisclosed information, forgeries, disputes on succession (if any) or several other factors can impact subject title at a later date. Title verification and professional advice allows you to be aware of any obvious legal / documentary concerns before you decide to buy. Advocate BK Singh can help you understand the legal due diligence carried out and guide you about purchase without promising any guaranteed results. Yes, legal due diligence is advised even if you are buying a new property from a builder. Based on the property, verification would include reviewing promoter documents, project approvals, agreement for sale, RERA details (If applicable),title related documents, conveyance (If applicable) and other related documents. RERA has laid down specific provisions governing promoter obligations and registered conveyance of apartment/plot/building etc. Your property purchase may or may not involve conveyance. Advocate BK Singh will guide you through relevant documents for the specific property you intend to buy from the builder. Seller’s unwillingness or inability to produce certain document may not necessarily indicate wrongdoing. However, it is not advisable to proceed with the purchase without knowing the reason for the same. You may or may not decide to buy the property after ascertaining the reason for the missing document. But making such a decision can only be taken once you are sure either than sufficient verification has been carried out independently or you have been assisted by a professional. Advocate BK Singh can go through the existing documents and help you understand the significance of the document that seller is unable to provide. Do not make large payments based on mere verbal promise when there are ownership documents which are yet to be verified. Property Lawyer Delhi specialises in legal services related to property transactions. At Property Lawyer Delhi, Advocate BK Singh can help you review the property documents, understand history of ownership, identify any documentary gaps and highlight legal concerns you should know about before buying the property. Title Verification is only a step in helping you understand the legal aspect of buying property. But every step you take towards understanding the legal implications of your buying decision helps. Remember properties can vastly differ from each other, so can the verification process and its result. Advocate BK Singh will provide his professional services keeping your particular property transaction in mind. Even a lovely home may come with a tangled legal past. Don’t assume that the seller’s paperwork, or the broker’s word, or possession or registration automatically resolves all questions about title. Title verification allows the buyer to review the legal basis for the proposed sale before parting with a substantial sum of money. If you are buying property in Delhi, Noida, Greater Noida, Ghaziabad, Gurugram, Faridabad or anywhere else in India, having the sale deed reviewed by a professional can help you know exactly what you are buying. BK Singh can help home buyers with property title verification, sale deed review, and any other property transaction related legal advice tailored to the facts and paperwork of the specific deal. Are you about to buy a property and want a second legal opinion before you go through with the transaction? Property Lawyer Delhi can review the documentation you have and help you know what legal issues you should be aware of. Advocate BK Singh practices property law and is affiliated with Property Lawyer Delhi. He guides his clients on property documents, Title related issues, ownership validation, property disputes and property transaction disputes. His practice aims to assist buyers, sellers, property owners and investors by explaining the legal value of their property paperwork before they make vital decisions. He counsels home buyers on tangible, document centric aspects of property titles such as title clearance, ownership history, authority of the seller to sell and risks involved in the property transaction. He bases his advice on a thorough examination of the facts and documents presented to him and believes in giving straight advice rather than making false assurances. Properties can vary greatly from location to location and have unique histories and paperwork. Edney each property matter on its own merit.Why Should Home Buyers Verify Property Title Before Paying?
Why Is Property Title Verification Important in Delhi NCR and Across India?
Quick Facts: What Should Every Home Buyer Know?
What Exactly Does a Property Title Verification Service Check?
Which Laws Are Relevant to Property Title Verification?
Who Should Consider Professional Property Title Verification?
Can home buyers suffer from not understanding the law?
Should NRIs Verify Their Property?
Do I Need It If I'm an Investor/Business Owner?
What Documents Should a Home Buyer Ask to Have Reviewed?
How Does Professional Property Title Verification Work?
Why Should You Hire Advocate BK Singh Instead of Relying Only on the Seller or Broker?
What Does the Buyer Actually Gain?
Why Is Independent Legal Advice More Valuable Before the Agreement?
What Makes Property Title Verification Different for Delhi NCR Buyers?
When Should You Consult a Property Lawyer Before Buying?
How Can Property Lawyer Delhi Help With Property Title Verification?
Why Choose Advocate BK Singh for Home Buyer Title Verification?
Frequently Asked Questions About Property Title Verification
1. Why should I engage Advocate BK Singh before entering into buying agreement?
2. Does registration establish clear title on a property?
3. Is mutation sufficient proof of ownership before buying a house?
4. What documents do I give to Advocate BK Singh for title verification?
5. Can I get title verification done for property located outside Delhi?
6. Should property verification be done before entering into agreement to sell?
7. Can Advocate BK Singh guarantee my property against any future dispute?
8. Is title verification required for buying a new property from builder?
9. The seller doesn’t give me important documents related to property. Now What?
10. Why should I choose Property Lawyer Delhi?
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