A properly conducted conveyancing process helps ensure that:

• the seller has a valid and marketable title;
• the property is free from legal defects and encumbrances;
• all statutory approvals are in place;
• the transaction complies with applicable laws; and
• the buyer acquires clear and enforceable ownership rights.

Skipping legal due diligence can expose a purchaser to disputes, fraud, or financial loss.

A Title Search Report is a legal opinion prepared after examining title deeds, public records, and statutory registers to determine whether the seller has a clear, marketable, and legally transferable title to the property.

The report identifies any defects, encumbrances, pending litigation, or other issues that may affect ownership or transferability.

A Title Search Report helps a buyer:

• verify the seller's ownership;
• identify mortgages, charges, or liens;
• detect pending court cases affecting the property;
• verify government approvals and permissions;
• assess whether the property can be legally transferred; and
• satisfy due diligence requirements for lenders and financial institutions.

It is one of the most important safeguards in a property transaction.

Title Search Reports are typically prepared by advocates experienced in property law after examining:

• original title deeds;
• registration records;
• revenue records;
• municipal records;
• encumbrance certificates;
• court records; and
• other relevant public documents.

A marketable title is one that is free from reasonable doubt and can be transferred without exposing the purchaser to future litigation or competing ownership claims.

A marketable title should be:

• legally valid;
• free from material defects;
• transferable; and
• capable of being accepted by a prudent purchaser or lending institution.

Depending on the nature of the property, the following documents may be reviewed:

• Sale Deeds
• Gift Deeds
• Conveyance Deeds
• Partition Deeds
• Release or Relinquishment Deeds
• Lease Deeds
• Development Agreements
• Power of Attorney
• Mutation records
• Revenue records
• Property tax receipts
• Building approvals
• Occupancy or Completion Certificates
• Encumbrance Certificates
• Court orders or decrees

Probate or succession documents, where applicable

As a matter of prudent practice, title is commonly examined for at least 30 years, although the period may vary depending on the lender's requirements, local practices, or the nature of the property.

Where earlier transactions materially affect ownership, older records may also need to be examined.

The chain of title is the chronological sequence of ownership transfers of a property through legally valid documents.

An unbroken chain of title helps establish that ownership has passed lawfully from one owner to the next.

An Encumbrance Certificate is a document issued by the registration authorities showing registered transactions affecting the property during a specified period.

It helps identify:

• mortgages;
• sale transactions;
• gift deeds;
• leases (where registered); and
• other registered encumbrances.

An EC is an important due diligence document but should not be treated as conclusive proof that the property is free from all claims.

No.

An Encumbrance Certificate reflects only registered transactions available in the registration records. It does not disclose:

• unregistered rights or agreements;
• certain court proceedings;
• inheritance disputes;
• equitable interests; or
• claims arising by operation of law.

A comprehensive title search requires examination of multiple records in addition to the EC.

A Sale Deed is the principal legal instrument by which ownership of immovable property is transferred from the seller to the buyer for lawful consideration.

Once duly executed and registered (where registration is mandatory), it evidences the transfer of ownership.

Yes. Transfers of ownership of immovable property of the value prescribed by law generally require compulsory registration. Failure to register a document that is compulsorily registrable may affect its admissibility and legal enforceability.

An Agreement to Sell records the parties' intention and terms for a future transfer of property.

A Sale Deed effects the actual transfer of ownership upon execution and registration, subject to applicable law.

An Agreement to Sell does not, by itself, transfer title.

A Conveyance Deed is a broad term for any document that legally transfers ownership or an interest in property.

A Sale Deed is one type of Conveyance Deed. Other examples include gift deeds, exchange deeds, and certain statutory conveyances.