What is Title Opinion
Title opinion also called legal opinion on which ascertains the Assignee’s right over the subject property. The Title opinion is usually issued by the Advocate who is specialised in Property Matters. The Title Opinion of a property can be used for various activities and mainly it is obtained for Transfer of a Property from owner to the purchaser. The opinion mainly describes whether the property which is subject for transfer is free from any legal encumbrances. It mainly determines the legal owner of the property and finds the following encumbrances:
Loan or Mortgage
It mainly determines the legal owner of the property and finds the following encumbrances:
Mortgage & Liens
Third party easement right
Other existing restrictions
The tile opinion on a property is the one which determines the value of a Property. If there is any legal complex or legal issues in a property, it diminishes the price of the property. Whereas the clear title property will fetch more revenue to the vendor.
Things that we need to look while going through the Title opinion
- Flow of ownership (Title): We have to check whether the property was properly passes from one hand to other.
- Plan Approval: If the property is a building, the proper building approval should have been obtained. The copy of the plain approval to verified before giving a legal opinion.
- Dues: Further the attorney should also carefully verify whether all the Property tax and other tax dues are paid completely up to date.
- Tenancy: Further tenancy should have been considered carefully before giving a legal opinion on property. Specifically The term of tenancy.
- POA: Power of attorney is one of the common thing for verification. If the transfer is to be made by the Power of Attorney holder, it need to be property verify the up-to-date registered documents of authorisation.
The documents that need to be verified before purchasing a property
Other sale deeds
POA (If any)
Latest Tax Receipts
Completion Certificate (If Building)