Advocate Mohammad Kamran
- 10+ Years of Legal Experience
- Enrolled with the Bar Council of Uttar Pradesh
- Certificate of Practice holder
Establishing whether the seller can actually convey what is being sold, before any substantial payment is made.
Property Law and Registration
Title verification asks a narrow question and answers it on documents: does the person offering to sell hold a title capable of being transferred, and is that title free of anything that would defeat or diminish it in the buyer's hands? It is not a valuation, it is not a survey, and it does not tell you whether the price is fair. It tells you what you would be buying.
The examination works backwards through the chain of transfers over the period considered appropriate for the property, and outwards into the public records — the registration record, the revenue or municipal record, and whatever authority record applies to the land. Where the chain includes an inheritance, a partition, a gift or a decree, each of those links has to be established rather than assumed.
Who this may assist
If your situation is not listed, it does not mean it cannot be dealt with. It means it should be discussed.
You are about to commit funds and want to know what the seller can convey.
You are lending against property and need the title position established.
The property is part of a layout or an authority scheme with its own conditions.
You want defects identified and cured before a buyer's advocate finds them.
Scope
Process
The sequence varies with the facts and the forum. This is the usual shape of it.
Which period is to be examined, which records are to be searched, and what the report will and will not cover — agreed in writing at the start.
The seller's document and the prior chain, along with revenue extracts, tax receipts and approvals.
The registration record and the revenue or municipal record are examined for entries affecting the property.
Inheritance, partition, gift, decree and attorney links in the chain are each examined, since these are where defects usually sit.
A written report identifying the holder, the chain, the encumbrances disclosed, the documents missing, and what should be obtained or cured before proceeding.
Preparation
Bringing what you have makes the first discussion considerably more useful. Missing items can be obtained later.
Cautions
See also
Reading
General information notes on this area. They are not legal advice.
The practice
Each advocate of the firm is enrolled with the Bar Council of Uttar Pradesh and holds a Certificate of Practice.
Questions
It depends on how complete the seller's papers are and on how quickly the public records can be obtained. Where documents are missing or the chain passes through an inheritance or a partition, it takes longer. A realistic estimate is given once the initial set of papers has been seen.
No, and any report that claims to should be treated with caution. A report states what was examined and what those documents and records disclose. It cannot exclude what is not recorded anywhere, such as an unregistered claim or a dispute not yet reflected in any record.
Yes. Sellers are frequently sincere and still mistaken, particularly where property has passed within a family or where an old mortgage was never formally discharged on the record.
Yes, for property elsewhere in Uttar Pradesh. The records sit with the offices having jurisdiction over the property, and the time required depends on where those offices are and how records there are maintained.
Where the firm works
The firm's office is in Lucknow. Matters arising in other districts of Uttar Pradesh are conducted from Lucknow before the court, tribunal or authority that has jurisdiction over them. There is no branch office elsewhere. Which forum will hear a particular matter depends on its subject, its value and where the cause of action arose, and is confirmed before anything is filed.
This page is general information about an area of practice. It is not legal advice, and it is not an advertisement or a solicitation of work. Reading it creates no advocate–client relationship.
Procedures, limitation periods, court fees, stamp duty and government charges change, and what applies depends on the facts of the particular matter. Nothing here should be acted on without advice on your own documents, and no outcome is promised or predicted.
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Contact
Write to the office with a short description of the matter, or telephone during working hours.
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