Also known as Legal due diligence
The lawyer collects the chain of title deeds, the encumbrance certificate or index searches, land records (7/12, khatauni, RTC, patta), tax receipts, approvals and society or association documents. They check for gaps in the chain, missing heirs, pending litigation, mortgages, land-use restrictions and whether the area sold matches the records.
The result is a title report or legal opinion. Banks commission their own before sanctioning a home loan; buyers paying from savings should commission one too. For under-construction projects, the RERA registration page often carries the promoter’s title documents and a lawyer’s title report.
A common practice is to publish a public notice in newspapers inviting objections, especially for resale and land deals.
Example
Before paying a ₹5 lakh token on a ₹1.4 crore resale flat in Thane, the buyer’s lawyer searches 30 years of records. She finds the flat was inherited in 2021 but one legal heir did not sign the release deed. The seller arranges the missing release deed before the agreement is signed.
Figures are illustrative, not market rates.
Questions about Title search
Is the bank’s legal check enough?
A bank’s title report protects the bank’s security, and it is a useful check. Many buyers still hire their own lawyer, who works for them, can raise points the bank does not need, and reviews the agreement terms as well as title.
How far back does a title search go?
Commonly 30 years, though lawyers adjust it to the property’s history. The aim is to trace the ownership chain to a reliable starting point, such as an original government grant or a long-settled transaction.
Sources
Reviewed