Minimum Check List for Title Search

1. Nature of title (Ownership/ Lease Hold/ Govt. Grant/ Occupancy/ Allotment)

2. If Leasehold, Whether:-

a. Lease Deed is duly stamped and registered.

b. The Lessee is permitted to mortgage the Leasehold right.

c. Duration/ Unexpired period of Lease.

d. If, a sub – Lease, check the Lease Deed in favour of Lessee as to whether Lease Deed permits sub – lease and mortgage by sub – lessee too.

3. In Case of Government Grant/Allotment/ Lease cum Agreement, whether:

a. Grant/ Agreement, etc. provides for alienable right to mortgagor with or without conditions,

b. The mortgagor is competent to create charge on such property.

c. Is there any restrictive covenants or lock in period for creating charge/ mortgage/ alienation.

4. In case of Occupancy right, whether;

a. Such right is transferable/ heritable

b. Mortgage can be created

5. Whether Urban Land Ceiling Clearance required and if so, then details thereon.

6. Whether mortgage subject to any NOC and if so the same requires to be obtained.

7. Nature of minor interest if any and if so, whether the mortgage can be created and the modalities/ procedure for the same

8. If the property is Agricultural Land, whether the local laws permitting the mortgage and restrictions if any

9. In case of conversion of land from Agricultural to Non Agricultural, whether requisite procedure followed/ permission obtained.

10. In case of partition/ Settlement Deed, whether the original or duplicate of original allotted to the owner available for mortgage and if not, procedure for the same for creating mortgage and whether the allottee in the deed is in possession and enjoyment of his share

11. In case of partnership firm, whether the property belongs to firm and all partners as per the partnership deed have executed the transfer deed

12. Whether the property belongs to a Limited Stock Company. If so, the borrowing power, clause with respect to mortgage to be verified from MOA/AOA of the company.

13. In case of Society/ Trust, Club, unit, etc., the required authority to borrow and mortgage to be verified from resolution.

14. Whether the property is a joint family property, mortgage is created for the family benefit/ legal necessity. Minor interest or female co parcener interest if any. Whether all major co parcener have authorized for mortgage.

15. Pending litigation, attachment, injunction or acquisition may be reported.