how to do title search of property before buying in Shillong

Detailed Legal Analysis

To conduct a title search of property before buying in Shillong, you need to follow a systematic approach to verify the ownership and any encumbrances related to the property.

The process involves the following key steps:

• Identify the Property: Gather all relevant details of the property, including the survey number, location, and any previous sale deeds.
• Visit the Local Land Revenue Office: Go to the local land revenue office (also known as the Syiem’s Court in the case of Meghalaya) to obtain the land records. This office maintains records of all land transactions in the area.
• Obtain Land Records: Request certified copies of the following documents:
  • Khatiyan (land records)
  • Record of Rights (RoR)
  • Land Title Deeds
• Check Encumbrance Certificate: Acquire an Encumbrance Certificate (EC) from the Sub-Registrar’s office under the Registration Act, 1908. This document will show if there are any pending loans or mortgages on the property.
• Verify Ownership: Ensure that the current owner is indeed the owner by cross-verifying the name in the land records with the title deed.
• Inspect Past Transactions: Review the chain of title by checking all previous sale deeds to confirm that the property has been legally transferred and there are no disputes.
• Consult a Legal Expert: It is advisable to consult with a property lawyer who can provide insights into the legal aspects and help interpret the documents correctly.
• Check for Land Use and Zoning Regulations: Verify if the property is compliant with local zoning regulations under the Meghalaya Town and Country Planning Act, 1973.

Additional resources may include checking with the Meghalaya State Land Policy to understand any specific regulations that may apply. Always ensure that all searches are documented and maintain copies of all relevant records.

Conducting a thorough title search is essential to avoid future disputes and ensure clear ownership of the property, in line with legal provisions set forth in the Transfer of Property Act, 1882 and the Registration Act, 1908.