Definition
An examination of property records (at the Sub-Registrar's office and other government databases) to verify: (i) clear and marketable title; (ii) absence of prior encumbrances; (iii) validity of the seller's or mortgagor's ownership. Banks conduct title searches before accepting immovable property as mortgage security. A defective title can render the mortgage invalid and SARFAESI enforcement unsustainable.
Related Terms
Encumbrance
Any charge, lien, mortgage, or claim on property that affects its free and clear title. Before a ban…
Mortgage
A transfer of interest in immovable property as security for the repayment of money. The Transfer of…
Title Deed
A legal document evidencing ownership of immovable property. In equitable mortgages, the borrower de…
Equitable Mortgage
Also called "mortgage by deposit of title deeds" under Section 58(f) of the Transfer of Property Act…
Need Expert Advice on Title Search?
For specific advice on how Title Search applies to your debt recovery matter, consult Advocate Subodh Bajpai — LLM, MBA (XLRI Jamshedpur). 25+ years of exclusive banking and debt recovery practice across DRT, SARFAESI, IBC, and NI Act.
Defined by Advocate Subodh Bajpai, Senior Partner, Unified Chambers and Associates