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What is title search? To put it simply, Title Search means inspecting or relying upon public records to identify, determine and confirm the actual legal owner of a certain property. Now, in the case of NRIs what happens is that many times there is ancestral property that perhaps belonged to their parents or grandparents has been left behind in their name but due to their absence in the country, these NRIs are unaware about such a property. And the only way to find it out is by way of title search.
Let us understand why title search or possession of having possession of all the legal documents related to your title of property becomes extremely important ?
if someone has trespassed over the property, you cannot even register a simple complaint regarding it if you don’t have the title papers of that property.
If your property is in the possession of a caretaker, a relative, who is related, refuses to vacate the property. In such cases you will need to approach the court and in order to do that you will have to prove that you are the real owner of the property.
In case you need to sell a property. Selling of property involves a lot of documents that need to verify the actual title vests with you and your family. And this becomes a part of your title search of the property.
You should be aware that the buyer of your property will be doing a complete due diligence to verify and ascertain that the title that rests with you is not insufficient and not ineffective and indeed is legally valid. And this is why you need to have all your documents in place.
Some properties might have tenants. Though these tenants are bound by rental contracts or rent laws in India they cannot claim any illegal ownership or the possession on the tenanted property but if there is insufficient or unavailable title of the owner these tenants can take full advantage of it as they know
In a number of cases where a caretaker or the person in possession continues to keep the property for a long number of years in his control and possession, even though he has no ownership rights, he can claim these rights.
You also require title search if you are one of the many co owners of such property.
We at Legal Consultancy India conduct a very rigorous scrutiny of public records for title search and to determine accurate legal ownership of property to help the rightful owners claim their property hassle free.
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