how to do title search of property before buying in Patna

Detailed Legal Analysis

To conduct a title search of property before buying in Patna, follow a systematic approach to ensure that the property is free from encumbrances and the seller has a clear title.

Here are the steps to perform a thorough title search:

• Gather Basic Information: Collect essential details about the property including the address, survey number, and the name of the current owner.
• Visit the Local Sub-Registrar’s Office:
  • Go to the Sub-Registrar's office where the property is registered. In Patna, this is crucial for obtaining land records.
  • Request for the Encumbrance Certificate (EC) which provides details of any mortgages or liens on the property.
• Check Land Records:
  • Access the land records maintained by the Bihar Government via the Bihar Bhumi Abhilekh portal.
  • Verify the ownership and title history of the property through the Record of Rights (RoR).
• Inspect Previous Sale Deeds:
  • Request copies of all previous title deeds and sale deeds related to the property to trace the chain of ownership.
  • Ensure that the seller is the legal owner and has the right to sell the property.
• Consult a Legal Expert:
  • Engage a property lawyer to review all documents and ensure that there are no legal disputes regarding the property.
  • A lawyer can help identify any potential issues or encumbrances that may not be obvious.
• Verify Compliance with Local Laws:
  • Ensure that the property complies with local zoning laws and regulations as per the Bihar Land Reforms Act, 1950.
  • Check if the property is free from land use violations or pending litigation.
• Conduct a Final Verification:
  • Before finalizing the purchase, obtain a final title report from the lawyer confirming no hidden issues.
  • Ensure that all due diligence is documented and filed for future reference.

By following these steps, you can ensure that you are making a safe investment in property in Patna. It is critical to adhere to the legal framework provided by the Transfer of Property Act, 1882 and the Registration Act, 1908, which govern the transactions related to property in India.