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Investigating the title of land is a crucial step in real estate transactions and property ownership. Here are the methods to investigate land titles:
1. Title Search
Conduct a title search at the local land registry. This involves examining public records to trace the history of the property, such as 6/12, 7/12, and 8/12 extracts, including previous owners, liens, and encumbrances.
2. Abstract of Title
Obtain an abstract of title, which is a summary of the legal history of the property. It includes information about past ownership transfers and any claims against the property.
3. Property Deeds
Review the property deeds, which provide information about current ownership and any restrictions or easements associated with the property.
4. Survey of the Property
Hire a licensed surveyor to conduct a property survey. This can help identify boundaries, easements, and any encroachments that may affect the title.
5. Court Records
Check court records for any legal disputes involving the property, such as foreclosure proceedings, partition, possessory title, or lawsuits of different natures that may impact the title.
6. Tax Records
Review tax records to ensure that property taxes are paid and to identify any tax liens that may exist on the property.
7. Local Ordinances and Zoning Laws
Investigate local ordinances and zoning laws that may affect the use of the property, including restrictions on development or land use.
8. Interviews with Neighbors
Speak with neighbors or local residents who may have knowledge about the property’s history or any issues related to the title.
9. Possession
Check who is in possession of the land. Investigate whether there are any structures such as temples, Jain Mandirs, cemeteries, or dargahs on the land.
10. Public Notice in a Local Newspaper
Publish a public notice in a local newspaper for investigating the title of the land you intend to purchase, through an advocate or solicitor.
11. Professional Assistance
Consider hiring a real estate attorney or a title company to assist with the investigation. They can provide expertise and ensure that all aspects of the title are thoroughly examined.
By utilizing these methods, you can gain a comprehensive understanding of the title of the land and identify any potential issues before proceeding with a purchase or investment.
Investigation of Premises in Maharashtra
When investigating the title of premises to be purchased in Maharashtra, there are specific considerations relevant to the state. Here are the steps you should take:
1. Title Search
Conduct a title search at the local sub-registrar's office where the property is registered. This will help you trace the ownership history and check for any encumbrances.
2. Sale Deed
Review the sale deed of the premises, which is the primary document that establishes ownership. Ensure that the seller has a clear title and the right to sell the property.
3. Society Registration
Check if the housing society is registered under the Maharashtra Cooperative Societies Act. This is important for verifying the legitimacy of the society and its bylaws.
4. Society Share Certificate
Request the share certificate from the society, which indicates your ownership in the society and your right to occupy the flat.
5. Occupancy Certificate (OC)
Ensure that the builder has obtained an occupancy certificate from the local municipal authority, certifying that the flat is ready for occupation and complies with building regulations.
6. Property Tax and Society Maintenance Receipts
Review the property tax receipts to confirm that all taxes have been paid up to date. This helps avoid any future liabilities.
7. RERA Registration
If the flat is part of a new development, check if the project is registered under the Real Estate (Regulation and Development) Act (RERA). This provides additional protection to buyers.
8. Legal Due Diligence
Consider hiring a real estate lawyer to conduct thorough legal due diligence. They can help identify any potential legal issues related to the title.
9. Public Notice in a Local Newspaper
Publish a public notice in a local newspaper to investigate the title of the premises you intend to purchase, through an advocate or solicitor.
10. Verification of Builder's Credentials
If purchasing from a builder, verify their credentials, past projects, and reputation in the market to ensure they have a good track record.
By following these steps, you can ensure that the title of the premises you wish to purchase in Maharashtra is clear and free from any legal complications.
In the case of a second sale, additional investigations are necessary. Confirm details such as whether the property had previous owners. If any owner has passed away, check who inherited the ownership. Verify whether a probate or letter of administration was obtained or if a family arrangement has been registered by the legal heirs.
For additional information, feel free to contact me regarding any investment in land and premises in Maharashtra, India
By: Bhanu Rasputra, Advocate, Solicitor, Notary at Mumbai High Court
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