Legal heirs generally have 12 years to claim ancestral property, counted from the time when the exclusion/denial of the right comes to the legal heir’s knowledge.
Archives: FAQs
Does Title search incorporate checking of government approvals?
Yes. Professional NRI Property Title Search Services confirm grants like building plans, land use permissions, and completion certificates and occupancy certificates where necessary.
Is it possible to use an online service to do a property title search offshore?
Although the digitization of land records has been implemented in many Indian states (e.g., Bhoomi in Karnataka or Bhulekh in UP), online records typically contain only information and do not require real-time updates. To obtain a legally binding check, it is strongly advised that one should pay a physical visit to the office of the Sub-Registrar to secure certified copies.
What is the difference between an encumbrance check and a title search?
Title search confirms the ownership and legal standing of the property, whereas an encumbrance check determines the financial obligations of the property in the form of loans, mortgages, or any legal claims. The two are both crucial elements of NRI Properties Legal Due Diligence.
Can an NRI permit one in India to do the title search?
Yes. NRIs may also appoint a lawyer or other legal expert as their Power of Attorney (PoA) to conduct property ownership checks and due diligence on their behalf. Land and property title search for NRIs
What is the number of years of title history to be checked with a title search of the property?
Ideally, the title chain should be searched for a period of at least 30 years, and possibly up to 50-70 years, depending on state regulations and property type, to prove unbroken ownership.
What is the differentiation between a Title Search and a Property Valuation?
The Title Search concentrates on the legal ownership and record of documents (the Right) while Property Valuation provides an assessment of the Market Price (the Financial Worth) for the Property. They are both valuable but have distinct functions.
If any property is inherited, should the verification of that property also be done?
Yes, many inherited properties may lack updated records, making verification crucial before sale and transfer.
Do I need to do a Title Search when I already have the original Sale Deed?
Yes, the presence of an original Sale Deed simply indicates that you purchased the property, but it does not guarantee that the property was free from mortgages, liens, or lawsuits at the time of purchase. You are going to need an Encumbrance Certificate in order to establish that you currently hold a property that is free of any encumbrance.