SARITHA DEVELOPERS

When embarking on the journey of buying a flat, it is crucial to conduct thorough due diligence to ensure a secure investment and a clear title to the property. One of the primary steps in this process is verifying the title documents associated with the property. Understanding the nature of the title, examining the transfer of ownership over the years, and confirming the legality of the documents are vital aspects that safeguard your interests. In this article, we will focus on the key points to consider when examining the title documents of the property as part of your flat purchase checklist.

1. Title Documents of the Property: The first step is to review the title documents that establish the chain of ownership over the years, culminating in the current seller’s possession. These documents may include the government order for grant, succession certificate, sale deed, gift deed, will, partition deed, or any other relevant legal instrument. Carefully scrutinise these documents to ensure a smooth and undisputed transfer of title.
2. Nature of Title: Determine whether the property is held under a leasehold, freehold, or development rights. A leasehold property means that the land is leased for a specific period, while freehold property denotes absolute ownership. In some cases, the seller may claim development rights to the property. In such instances, review the development agreement and the power of attorney executed by the owners in favour of the seller to confirm their rights and obligations.
3. Stamping and Registration: Ensure that all the title documents are duly stamped and registered at the office of the jurisdictional sub-registrar of assurances. Stamping and registration are essential to provide legal validity to the documents and protect your rights as a buyer.
4. Khata Registered in the Name of the Seller: The Khata is an account of property assessment for payment of property tax. Verify that the Khata is registered in the name of the seller. This document authenticates the ownership and legality of the property.
5. Pending or Past Litigation: Thoroughly investigate any pending or past litigation related to the property. This includes disputes, claims, or legal proceedings that could affect the ownership or rights associated with the property. It is advisable to engage a legal professional to conduct a comprehensive search and provide an opinion on the status of litigation, if any.
6. Availability of Original Title Documents: Confirm the availability of the original title documents with the seller. Original documents provide concrete evidence of ownership and ensure the authenticity of the transaction. Request to inspect and verify these documents before proceeding with the purchase.

Verifying the title documents is a critical aspect of the flat purchase process. By examining the government orders, sale deeds, gift deeds, wills, partition deeds, and other relevant legal instruments, you can establish a clear chain of ownership and ensure a smooth transfer of title. Confirm the nature of the title, review the stamping and registration, and verify the availability of original documents. Additionally, pay attention to the Khata registration and conduct a thorough check for any pending or past litigation related to the property.

Remember, engaging a legal professional is highly recommended to assist you in this process and provide expert guidance. By diligently examining the title documents, you can safeguard your investment, secure a clear title to the property, and embark on your flat purchase journey with confidence. Stay tuned for the next article in our series, where we will discuss another crucial aspect of due diligence in property buying.