Property title search is a crucial aspect of the property buyers in India. The title of the property should be clear, marketable and free from the encumbrance and always use the services of a legal experts for verifying the title of property. We takes search in the office of the sub-register to find out the all the documents that are registered relating to immovable property and ascertains the Survey Numbers, PID(Property Identification Number)Numbers, Assessment Numbers, Converted Survey Numbers and the City Survey Numbers(CTS) usually practice was to have title search for sixty years, as the mortgager had 60 years time to redeem the mortgage under the then exiting limitation law, the has 30 years from the date the right to redeem or recover possession accrues. Usually under a deed of mortgage the time prescribed for redemption is between 2 to 5 years and therefore the title is usually traced back 35 years to 40 years. In addition, we search the pendency of any litigation in respect of the property by our legal experts and will issue a public notice. By following digital approach and employing appropriate methods, potential buyers can mitigate the risks.

Your title search experts will require these 13 documents to perform a due diligence on the title of the property.

1. Search or Encumbrance Certificate - earch report is a report prepared by the advocate after conducting serach of the title documents of the property, in the respctive register office. Where the borrower is limited company, additional search report is obtained from the concerned register of companies where the company has been registered. in some states, the subregister issues the encumbrance certificate certifying the transactions made during a perticular period, for a perticular property, serach report or encumbrance certificate, will reveal if the proeprty is encumbred i.e there is any exiting charge/lien like mortgage, conveyance, court proceedings etc. which is likely to affect the title of the buyer adversely. the search on the title of the property will be obtained for a period of last 13 to 30 Years, which depends upon the requirement in title verificatoin.

2. Katha/Patta - Khatha Certificate is required for property registration and transfer of property from the owner’s name to another person’s. To apply for a Khatha certificate, the owner has to give a letter in this regard along with the latest tax payment receipt along with a standard fee of Rs 25 per property. A Khatha certificate will enable you to apply for water connection, electricity connection or acquiring a commercial license. Khatha Extract contains the details of the property obtained from the property assessment register. It contains details of the property like its size, whether it is used for commercial or residential purpose, the valuation of the property as per the latest assessment.
Types of Kathas/Pattas -
1. A Katha Certificate and Extract (BBMP Manual Process)
2. B Form (Normally known as B Katha) (BBMP Manual Process)
3. Form 9 and Form 11 A ( E Swathu Electronic Process)
4. Form 9 and 11 B katha (E Swathu Electronic Process)
5. Form 3/6/12 katha ( countryside properties in E Aaasthi) TMC katha REVISED PROCESS NOTE – KARNATAKA ( Funding based on Revenue / Tax Assessment Document) Revised Date: 09/08/2021
6. Electronic Katha form 11 (A / B Katha with in BBMP E Aasthi) 7. BDA Katha.
8. KMF 24 (CMC katha)
E Aasthi applicable for BBMP and CMC (Form 3 ) E Swathu applicable for Bangalore Rural.

3. Title or Ownership - Legal ownership as evidenced by a deed or other instruments

Types of Property documents
These documents confer title, Major documents to the title are sale deed, gift deed, partition deed, exchange deed, settlement deed, WILL, deed of grant, lease deed, sale certificate, allotment deed/letter, share certificate / membership certificate with allotment letter, in case of society with No Objection letter, Patta/Pani/Katha/ Khasra and other revenue records of land maintaned in diffrent states,

Conveyance deed is a document by which the title and ownership of a property is conveyed by the seller to the purchaser. Conveyance is the act of transferring owership/possession of a property from a seller to the buyer by an agreement for sale with possession, Deed of Conveyance, sale deed, lease deed, sub-lease deed, partition deed, gift or exchange deed, assigment deed or letter etc.

Development agreeement is a document entered into by a property developer with land owner. It contains details regarding the terms and conditions on which land owner has permitted the developer to develop his/her/its property. By this agreeement, the land owner engegaes and authorities a third party (i.e the developer / contractor) to develop and construct on the plot of the land owned by him/her/them. this agreeement is generally accompained by Power of Attorney in favour of the developer.

Construction agreement is generally between builder and contractor and the customer to whom the builder/constactor construct the property.

Share certificate is certificate issued by a co-operative housing society to its members which evidence membership rights/share of the member in the society property.

Secondary Documents

These documents do not confer any title, but only supplement the title confirred by the primary docuements, Katha/Patta, Tax Paid receipt, Encumbrance Certifiacte, Revenue records and village land records, allotment letters, land conversion charges paid receipts, tax assessment order etc. fall in catogary of secondary/ supporting doucments.

Building/Land Approval plans shall be checked, the Plan must be approved by municipal corporation/ town planning authority or other appropriate authority as applicable depending on the loaction of the project.

Commencement Certificate (CC) Building permit is given by the Municiapl Corporation permitting the developer to begin construction. This is done once building plan got approved

Completion or Occupancy certificate (OC) is given by the concerned authority to the developer once the construction of building is completes in all respects and fit for occupation.

4. Property Appraisal :- means the Scrunity and anlysis of the required property papers in terms of flow of title, legal ownership, legal complainces, no encumbrance, owner ship in government records etc. to establish clear, marketable and enforceble title to the subject property.

5. Lien :- A Charge or Claim upon some ones property as security for debt. A lien does not confer title. The law recognizes the right to have debt satisfied out fo someones property.

6. Mortgage :- A mortgage is the transfer of interest in specific immovable property for securing the payment of money advanced or to be advanced by way of loan, an existing or future debt or the performance of the engagement, which may give raise to a pecunary liability.

7. Deed of Trust :- A transfer of property to someone to be held on the trust for another. More specifically, deed of trust is used in number of states. Instead of mortgage to secure a loan. The deed of trust names the trustee in whom the title is placed as security against failure to meet the terms of loan.

8. Probate :- The process of proving the court a decedent's WILL and settling the estate. The person/s who witnessed the signing of WILL would leter swear in the court that they evidenced the decedent signing the WILL prior to death. Basaed on the said statement of witnesses the Court will pass an order confirming the genuinity of the doucment.

9. Intestate :- Person who died without settling the property owned by him to his heirs or to any other person. If som one dies intestate, the court appoints an administrator to settle the estate.

10. Property Tax Receipt - Property tax is levied by the corporation/municipality/panchayat. It is to be paid annually

11. Electricity Bill - EB card of the property in the name of the Owner.

12. Legal heirship certificate - It is a document issued at the Taluk office. It gives details about about all the legal heirs to the property and their relationship to the owner.Death Certificate in case of death of one/any of the Owner.

13. Guardian Certificate - It is a certificate issued by the high court or the principal judge of a family court. It conveys the name of the guardian for a minor. When a property transaction involves a minor, the guardian acting on behalf of the minor will need to present this certificate.