Following the above mentioned key-points title verification is conducted and on the basis of findings of title verification a Search Report is formulated. Basically, title verification is a process and result of which is concisely inscribed in a Search Report.
Title Search Report contains a historical record of the title of the property and gives accurate legal description of property as to how the property is transacted over a period of time and whether there are any risks involved in the transaction, which may adversely affect the title of property, so that you are sure that you are investing in a legitimate property.
What should it include
A Search Report must cover the following points –
- Firstly, the search report must specify the details and particulars as to location, measurements, area of the property.
- It must elucidate who is the owner of the property whether it is individual, company, trust, or other legal person. It should also include a legal opinion on the issue- how the legal personality of the owner will impact on the title of the property.
- It must include a table of scrutinized records, deeds and documents and the documents which are verified by the authorities must be outlined.
- It must clarify the nature of the right of the transferor, if it is absolute in terms of enjoyment, possession and disposal or not.
- It must specify if there is any charge or dues or lien on the property.
- It should specify if the property in question is subject to mortgage.
- It should inform if there is any kind of encumbrances upon the property for example unpaid tax mortgages, unpaid loans etc.
- Search Report must specify if there is any third party interest on the property.
- It must elucidate if the property is the subject matter of any ongoing litigation or if it is in the process of acquisition by the government.
- At last, it must conclude that if the title of the property is clear and marketable.
- Further, any specific advice, comment or opinion can also be inserted in conclusion.
Who needs a title search report
It is clearly true that Title Search Report is very important for any prudent buyer in order to ascertain if the property is fit to buy or not. But it will be wrong to assume that the usefulness of title search report is limited to an individual in any sale and purchase transaction.
In the modern scenario, real estate transactions are a staple and indispensable part of various realms and so is the need of Title Search Report. So, let’s see who mainly needs a title search report –
- Investors: Real estate sector is very lucrative from the point of view of investment because it provides higher return in the long run. Further, real estate investments are capital intensive therefore, one needs to be extra diligent while entering into such transactions.
And now as per FEMA (Non-Debt instrument) Rules, 2019 NRI/OCIs are also permitted to invest in immovable property in India which includes both residential property as well as commercial property. Since, they are living far away and not aware of ground realities of a property, they are more prone to title frauds.
Therefore it is also advised to conduct a Title Verification before investing in real estate.
- Companies: Many a time companies need to enter into real estate transactions for various purposes. These transactions include – lease, leave and license transactions, or buying an immovable property for a project development etc. Therefore, they also need to conduct a title verification may it be full search or limited search as per the requirement and nature of transaction.
- Banks, financial institutions and other Private lenders: Banks, Financial Institutions and other Private lenders are in a practice of providing loans against the immovable property as collateral. But if the borrower does not hold a marketable title against such property then the purpose of keeping it as security will be defeated. So, it is very important for them to check whether the person seeking loan has a clear title against the property held as collateral before sanctioning and disbursing the loan. Although, they have a reliable robust network to do the same.
A property derives its value from the title itself. A property with a defective title holds no value, only a clear title can set a seal on the fact that you have an explicit right to own the property and sell it further.
So, while investing money into real-estate it becomes crucial to scrutinize whether or not you will have a clear marketable title, which determines that ownership rights are free from any doubts, risks and clear of any kind of claims, encumbrances and defects.
A clear and marketable title can only be acquired when the transferor of the property has a good title to it. So, it is always suggested to conduct a Title Verification before executing any agreement in relation to real estate and immovable property. In order to do so you need to check and verify various records and documents pertaining to property in question