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Who ensures clear title before closing?

Seller or Current Owner

The seller is primarily responsible for ensuring the property has a clear and marketable title before the transaction is closed. This includes:

  • Providing the latest registered sale deed and previous title documents
  • Clearing outstanding encumbrances, mortgages, or dues
  • Settling legal disputes, if any, related to ownership or possession
  • Ensuring mutation and revenue records are updated in their name

Buyer’s Legal Counsel

The buyer’s lawyer or legal advisor plays a critical role in verifying title authenticity and legal compliance through due diligence. Their duties involve:

  • Reviewing the chain of title and checking for ownership gaps
  • Examining encumbrance certificates, land records, and court filings
  • Identifying potential risks such as litigations, easements, or zoning issues
  • Recommending corrective actions or indemnity clauses before execution

Registrar or Government Authority (Final Oversight)

The Sub-Registrar’s Office and relevant revenue authorities ensure final legal compliance by:

  • Verifying the parties’ identity and title documents at the time of registration
  • Rejecting registrations if fraud, forgery, or defects are evident
  • Updating ownership records post-registration to reflect the buyer’s name
  • Issuing certified documents (Patta, Khata, RoR) confirming legal title transfer

All three parties must coordinate to secure a legally valid and dispute-free transaction.

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