Kanav Arora
Real Estate2 min read

Property Title Search Checklist: The NRI Due Diligence Document

Kanav Arora
Kanav Arora
Real Estate Investor
Legal document stack for property verification

The Direct Answer

For resale property, you need a 30-year active title search. This establishes a "clean chain" of ownership. Key documents are the Mother Deed (original ownership), Sale Deeds (subsequent transfers), and the Encumbrance Certificate (EC) (proof of no dues/mortgages). For land, insist on the Demarcation Plan and Sanad (conversion order). Never rely on the seller's lawyer; hire a local advocate to issue a "Title Search Report" in your name.

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The 'Pending Loan' Trap

In resale deals, the previous owner may have an active mortgage. Ensure you receive the "Originals" of the previous deeds directly from the Bank upon closing the loan, not just photocopies from the seller. If the originals are missing, run away.


The Master Checklist

Print this out and give it to your lawyer.

1. Ownership Documents

  • Mother Deed / Parent Deed: The document that traces back the origin of the property.
  • Sale Deeds: All link documents connecting the Mother Deed to the current seller.
  • Gift/Partition Deeds: If the property was inherited or gifted, these must be registered.

2. Revenue Records (Government Proof)

  • 7/12 Extract (Satbara) or Khata Certificate: Proves who is the current legal owner in government books.
  • Mutation Register Extract: Shows the history of ownership changes.

3. Permissions (For Land/Construction)

  • Sanad (Conversion Order): Critical for Goa/Maharashtra. Proves land is converted from Agricultural to Non-Agricultural (Settlement).
  • Occupancy Certificate (OC): For apartments. Without OC, the building is legally incomplete, and water/power can be cut.
  • Commencement Certificate (CC): Permission to start construction.

4. Financial Hygiene

  • Encumbrance Certificate (EC): Get this for the last 15-30 years from the Sub-Registrar. It should reflect all transactions (sales, mortgages).
  • Property Tax Receipts: Ensure seller has paid up to the current quarter.

Why Title Insurance Isn't Enough

In the West, Title Insurance is common. In India, it's fledgling. The onus is 100% on Buyer Beware (Caveat Emptor). If a long-lost heir claims the land 10 years later, and you didn't check the family tree in the Mutation Entry, you could lose the asset.

Kanav Arora

Kanav Arora

Real Estate Investor

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