Title Certificate

title certificate issued by a lawyer is a legal document that confirms the status of a property’s title. It is typically prepared by an advocate or solicitor after a thorough examination of the property’s documents and relevant records. 

Here’s what it includes and why it’s important:

Nature of Title: The certificate outlines the nature of the property’s title, detailing whether the promoter, vendor, or any other party has a legitimate claim to the property. 

Encumbrances and Claims: It lists any encumbrances, such as liens or mortgages, and any claims on the property that could affect the buyer’s rights.

Legal Steps for Clear Title: The document specifies the steps that need to be taken by the promoter to ensure the title is absolute, clear, and marketable.

Binding Agreements: It clarifies whether the agreements for the sale of the property will legally bind the owner of the land1.

Doubtful Nature of Title: If there are any doubts about the title’s validity, these must be clearly stated in the certificate. 

Revocability of Authorization: The certificate should state whether the authorization granted to the promoter by the owner is irrevocable, affecting the agreements for the sale of the flats.

Due Diligence Process: The lawyer issuing the certificate must follow a due diligence process, including perusing title deeds, conducting searches in the Sub-Registrar’s office, issuing public notices, and more.

The title certificate is crucial for protecting the interests of buyers and ensuring that they are transacting with legitimate property owners. It provides legal assurance and helps prevent fraudulent transactions