how to do title search of property before buying in Thiruvananthapuram

Detailed Legal Analysis

To conduct a title search of property before buying in Thiruvananthapuram, follow a systematic approach to ensure that the property is free from legal disputes and encumbrances.

The title search process typically involves the following steps:

• Identify the Property: Determine the exact location and boundaries of the property you intend to buy. Gather information such as survey numbers, land records, and any prior sale deeds.
• Visit the Local Sub-Registrar Office: Go to the Sub-Registrar Office in Thiruvananthapuram where the property is registered. This office maintains records of all property transactions.
• Obtain Encumbrance Certificate (EC): Request for an Encumbrance Certificate which provides a certified record of all transactions related to the property. This certificate is essential for confirming the title and checking for any mortgages or liens. The EC can be obtained under Section 17 of the Registration Act, 1908.
• Search Land Records: Access the Kerala Land Records Information System (KLRIS) or visit the local revenue office to check land records. This includes examining the Land Revenue Register (LRR) and the Record of Rights (RoR) to verify ownership details.
• Check Title Deeds: Review previous title deeds and property documents, such as sale agreements and partition deeds. Ensure that the seller has a clear and marketable title to the property.
• Verify Tax Payments: Ensure that all property taxes have been paid up to date. This can usually be verified with the local municipal office or through online payment portals.
• Consult Legal Experts: It is advisable to seek assistance from a property lawyer who can help in scrutinizing the documents and provide legal opinions on the title.
• Conduct a Physical Inspection: Visit the property to inspect it physically, ensuring that there are no encroachments or disputes with neighbors.
• Title Insurance: Consider obtaining title insurance, which protects against future claims on the property that may arise due to defects in the title.

By following these steps, you can conduct a thorough title search to ensure that your prospective property in Thiruvananthapuram is free from any legal complications. Adhering to the principles outlined in the Transfer of Property Act, 1882, especially Sections 54 and 55, will also guide you through the legal frameworks applicable to property transactions in India.