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Title Insurance

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  • Coverage against losses or damage due to defects in Title
  • Suitable for real estate developers, property investors, and housing finance companies
  • Covers defence costs, loss suffered and out-of-court settlements
  • Fulfils statutory requirement of RERA Act
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Gross Development Value of Project
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Advantages of Title Insurance

Meets Legal Requirements
Our Title insurance helps promoters meet legal requirements as manadated by law under the Real Estate Regulation and Development Act. Title insurnace further helps developers and promoters provide Title cover for existing properties and under construction real estate projects.
Cost Effective
In Title insurance policy, a buyer can receive protection against possible title defects such as forgery, liens, encrumbrances, fraud, by paying a reasonable amount of premium. Premium amount is paid one- time and is a modest amount in relation to the value of the property.
Safer Transactions
Title insurance facilitates safer and faster sale or purchase transactions. If there are known defects in title, insurance can help in closure of the delay fast without fixing the defect in title. The defect needs to be disclosed at policy inception, and underwritten by the insurer.
Fast Claims Settlement
Claim settlement process for Title insurance is fast and simple. Turnaround times are regulated by the IRDAI. Claim process and documentation are handled by industry experts in order to ensure that claims get processed faster and efficiently and documentaton is complete.

Benefits of Title Insurance

Financial Loss

Indemnification of Insured or Third Party

The policy has broad coverage scope and indemnifies the insured for actual losses suffered by them or losses suffered by a third party. Indmenification could be on three counts. First, to reimburse losses suffered by a third party. Second, pay costs of defending legal claims on the property. Finally, to reimburse actual losses suffered by the insured due to decrease in market value of the property due to defects in title.

Prohibited Construction

Compensation for Unplanned Encumberance

If a third party claims a legal right that prohibits construction or development of the property, the policy could get triggered. Insurers can help defend the legal right in court or compensate for the loss of value in the property due to the lien or compensate for the breach of the restriction on the property.

Hindrance to Development

If a third party makes a claim related to an adjoining area of the concerned property that prohibits development, the insurance could help. Such cases are typically accompanied by a third party making a demand for compensation to allow development. Insurers can help challenge the third party's claim to such adjoining property, and vacate the hindrance. Insurers will reimburse cost of lawyer fees and claim assessment.

FAQs

A title insurance is a type of liability insurance policy that provides coverage against:
  • Covers losses due to title issues (indemnifies property buyers against problems in the title found after purchase)
  • Covers defence costs
  • Covers out of court settlement
  • Covers court verdicts including AO/Tribunal under RERA

A title insurance policy covers promoter, allottee and asscociation of allottees for a minimum tenure of 7 years. This policy covers all new and ongoing development projects. Sum insured for the policy is calculated as gross development value (aggregate sale price of all units which includes historically purchased land and joint development) of the project.

Purchasing process of a title insurance policy involves:
  • Appointment of a Lawyer
    • * Common Lawyer for New purchases
    • * Secondary Lawyer for ongoing projects
  • Verification of title in multiple registeries
  • Identifying missing or illegible
  • Tracking missing heirs and publishing announcements
  • Litigation searches

Below mentioned are the standard exclusions under title insurance:
  • Risks created, allowed or agreed by the insured
  • Pending Litigation
  • Sovereign ownership claims, Example-Expropriation
  • Claim to natural resources: waters, minerals etc.
  • Consequential Damage, Example-Loss of future profits
  • Actions of Government

Below are couple of types of claims which generally gets filed under title insurance:
  • Breach of covenants:
    • A claim is payable for breach of restriction enforced by a third party that states no new developments are permitted on property without consent.
  • Lack of Access:
    • In case of lack of access, insurer picks up the legal & claims assessment costs if the claimant is unable to prove the title.

In order to ensure the claim settlement, you should timely submit below claim documents:
  • Claim form
  • Copy of title report and details of claims if any, from the date of purchase of land till date
  • Location, number of towers, number of apartments, the average sale price and the total sale value
  • Draft contract structure on agreement for sale being used for various allottees

Claims Process for title insurnace policy is straight forward and hassle free. First is the timely claim initimation to your appointed risk manager in SecureNow and insurer, followed by timely submission of the claim documents to our claim team. We will then review the documents and will arrange for deficiencies if any, from your side. Finally, we will share the docuements with respective insurance company in order to get your claims passed within specified turn around time.

Claim for the below mentioned standard exclusions, is not payable:-
  • Insured has agreed to or allowed to happen before or after the commencement date
  • Insured was aware of but ommitted to take steps/actions to safeguard its rights in the property
  • Insured was aware but did not make the insurer aware - prior to commencement date

Premium for a title insurance policy depends upon various factors such as limit of indemnity, tenure of the policy, excess opted by the insured. Base rate varies as per the size of above mentioned factors.

Yes, title insurance will cover increase in value of the property during the tenure of the policy. In order to cover the appreciated value of the property, insured will have to inform us and we will then get the increased value covered by charging an additional premium. Premium will be directly paid to the insurer and an endorsement would be passed against the same.

Gross development value (aggregate sale price of all the units) becomes the sum insured of a title insurance policy which includes historically purchased land and joint development. As per Real Estate Regulation and Development Act(RERA), the benefit of insurance needs to be passed to the allottee at the time of agreement of sale. And if property value appreciated over time then an endorsement to be passed to increase the limit of indemnity.

To start your title insurance policy, you can pay one time premium via below modes of payment:
  • Cheque
  • Net banking options like NEFT, RTGS
  • Demand Draft

Title insurance protects the buyer from defect in title discovered after the purchase of insurance, where by title we mean:
  • Ownership of real estate, recognised by law
  • Recorded in property Title Registry
  • Rights: Enforceable against third party
  • Rights: Sell, Lease and Inheritance

Title insurance policy benefits below mentioned groups and so they should definitely buy this insurance to avail the beneifts:
  • Real Estate Developers who are obligated under the Act to purchase the insurance
  • Property investors who are engaged in joint ventures with developers and who wish to protect their investments
  • Housing Finance Companies
  • Land Owners

In May 2016, the Government of India passed the Real Estate Regulation and Development Act. This Act mandated the registration of all new and ongoing property developments exceeding 500 square metres or 8 apartment units with the Regulatory Authority and making the purchase of Title Insurance mandatory (once notified at the state level).

Title insurance protects against financial losses arising due to fraud or title disputes. In title policy, the premium is paid once for the entire tenure. Whereas, homeowner's insurance insures your home and contents against losses due to fire, lightning, theft and other related perils. Premiums are mostly paid annually in the property insurance.

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