Title Certificate Issuance by Advocates and Solicitors

Advocates and solicitors frequently issue title certificates, which are often mandatory under laws such as the Maharashtra Ownership Flats Act, 1963 (MOFA) and the Real Estate (Regulation and Development) Act, 2016 (RERA) or through contractual agreements. These certificates play a crucial role in property transactions, ensuring that clients and flat purchasers are protected from dealing with parties who lack legal title to the land.

When an advocate finds doubts about a property's title, they must disclose it explicitly in the title certificate. A title certificate may also be revoked if it contains errors or could mislead parties involved in the transaction. Legal professionals ensure that they assist clients lawfully while adhering to all legal frameworks.

The Court-Mandated Disclosure for Title Certificates

Details of the promoter’s title nature;
Information on the title of the vendor, promoter, or intermediary claiming through the promoter;
Existing encumbrances and claims on the property;
Required steps for establishing a clear and marketable title during property conveyance;
Whether the flat purchase agreement will bind the landowner;
Clarifications if the promoter’s or vendor's title is questionable and the nature of such doubts;
Assessment of whether the promoter's authorization from the owner is irrevocable and applicable to flat agreements;
Evaluation of the revocability of the promoter’s agreement to purchase land.

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Process for Obtaining a Title Certificate

Review relevant title deeds to verify ownership;
Conduct searches at the Sub-registrar and Registrar of Companies if the vendor is a company;
Publish public notices in two newspapers — one vernacular and one in English — to invite claims against the property;
Advise the purchaser to have an architect verify whether the land is subject to any setback or reservation;
Submit requisitions on the title and ensure satisfactory responses are provided;
Acquire declarations under oath from concerned individuals confirming the factual status before issuing the certificate.

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Frequently Asked Questions

Common questions about Title Certificate by Advocates & Solicitors.

A title certificate is a document issued by an advocate or solicitor that certifies the ownership rights and claims over a particular piece of land or property. It is intended to protect clients and potential buyers from transacting with individuals or entities that do not have a clear and legitimate title to the property.

A title certificate may be required under certain laws, such as the Maharashtra Ownership of Flats Act, 1963 (MOFA) and the Real Estate Regulation and Development Act, 2016 (RERA), or as part of certain transactions, such as loans, mortgages, or property purchases.

According to the court, a title certificate should disclose the nature of the title held by the promoter, vendor, or person through whom the promoter claims ownership, any encumbrances or claims on the land, steps required to complete a clear and marketable title, whether the agreement to sell the property is binding, and any doubts or uncertainties regarding the title.

Yes, an advocate who has issued a title certificate can revoke it if they find errors or believe the certificate might mislead or defraud someone.

The process for issuing a title certificate typically involves reviewing the title deeds, conducting searches at the Sub-registrar's office (and Registrar of Companies if the vendor is a company), issuing public notices, requiring an architect to check for setbacks or reservations, administering requisitions on the title, and obtaining declarations on oath regarding the factual position.

Advocates must exercise due care when issuing title certificates to ensure they are not misleading clients or members of the public, and to uphold their professional obligations and ethical standards.

Yes, if an advocate finds the title to be doubtful, they must clearly state this in the title certificate.

Public notices are issued in newspapers (at least one vernacular and one English) to invite claims from members of the public against or in respect of the property in question, as part of the due diligence process.

Obtaining declarations on oath from relevant parties regarding the factual position of the property is an important step in the title certificate process, as it helps ensure the accuracy and completeness of the information provided.

A prospective purchaser can engage an advocate to conduct due diligence and issue a title certificate on their behalf, following the standard process of reviewing title deeds, conducting searches, issuing public notices, and obtaining necessary declarations and confirmations.