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Understanding Title Deed and Its Importance in Property Transactions

Understanding Title Deed and Its Importance in Property Transactions

Apr 19, 2025 Adv. Mahtab Ali Ansari

A Title Deed is the legal document that establishes ownership of a property. It is the most critical paper in any real estate transaction and must be free from defects to ensure the buyer gets a valid title.

Key Points to Know:

  1. What is a Title Deed?

    • It is a registered document that proves legal ownership.

    • Issued by the sub-registrar office after the sale is registered.

  2. Why is it Important?

    • A clean title ensures legal ownership and peace of mind.

    • Banks and financial institutions require it for sanctioning home loans.

  3. Common Title Issues:

    • Unregistered property

    • Disputed inheritance

    • Encumbrances (mortgages or charges)

  4. How to Verify a Title:

    • Obtain Encumbrance Certificate from the sub-registrar

    • Check past 30 years' chain of ownership

    • Seek legal help for title due diligence

Pro Tip:
Always conduct a legal title verification before purchasing any property to avoid future disputes or litigation.