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ARTICLE · 08 JULY 2021

THE WHY AND THE HOW OF TITLE DUE DILIGENCE

Shardul Amarchand Mangaldas & Co
Shardul Amarchand Mangaldas & Co
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Shardul Amarchand Mangaldas & Co

Shardul Amarchand Mangaldas & Co

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‘Title' is a legal term; it means the ownership right to property. Investigation of title is essential to ascertain the ownership of the property and ensuring that, the title is complete...

IndiaReal Estate and Construction
Bhoumick Vaidya
Bhoumick Vaidya
Asmita Hegde
Asmita Hegde
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Introduction

'Title' is a legal term; it means the ownership right to property. Investigation of title is essential to ascertain the ownership of the property and ensuring that, the title is complete and free from any doubts, risks and interest. However, in India, the procedure of property acquisition and land due diligence is arduous and complicated, due to the involvement of various regulatory authorities, State specific laws and judicial precedents. It is pertinent to analyse certain issues in relation to the real estate property such as ownership title, legality of development & construction, permitted use, easements and encumbrances which have the potential to influence the essential attributes of any property and its suitability to a given transaction.

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