how to do title search of property before buying in Bareilly

Detailed Legal Analysis

To conduct a title search of property before buying in Bareilly, you need to follow a systematic process that involves examining various legal documents and records to ensure the property is free from encumbrances and has a clear title.

Here are the essential steps to perform a title search:

• Gather Basic Information: Collect details about the property including the address, survey number, and the name of the current owner.
• Visit the Local Sub-Registrar Office: The primary records related to property ownership are maintained at the Sub-Registrar Office under the Registration Act, 1908. You can obtain copies of property documents such as sale deeds, gift deeds, and any encumbrance certificates.
• Check Encumbrance Certificate (EC): Request an Encumbrance Certificate for the property, which is a vital document that reflects any charges or mortgages against the property as per Section 17 of the Registration Act, 1908.
• Land Revenue Records: Visit the local revenue office to check the land records which include khatauni, khasra, and jamabandi. These records will provide historical data about the ownership and any disputes related to the property.
• Verify Ownership Documents: Scrutinize the title documents of the seller (sale deed, gift deed, etc.) for authenticity. Ensure that the seller has the right to sell the property under the Transfer of Property Act, 1882.
• Check for Pending Litigations: Investigate if there are any ongoing litigations associated with the property by searching through court records, particularly under the Civil Procedure Code, 1908.
• Consult with a Property Lawyer: Engage a qualified property lawyer to conduct a thorough title search and validate all documents to mitigate legal risks.
• Obtain Legal Opinions: After the lawyer’s verification, obtain a written legal opinion regarding the title of the property and any potential issues.
• Final Verification: Before finalizing the purchase, ensure that all outstanding dues, taxes, and assessments are cleared to avoid future disputes.

It is essential to perform a diligent title search to avoid potential disputes and ensure that the property you are purchasing is legally sound and free from any claims. Following these steps will help you establish a clear title and secure your investment in Bareilly.