Advocate Associate

1. Key Responsibilities

A. Title Search & Property Due Diligence

• Conduct comprehensive title search of properties (typically 30 years chain of title).
• Examine registered sale deeds, gift deeds, partition deeds, mortgage deeds, lease deeds, etc.
• Verify mutation entries, revenue records, Khasra/Khatoni, Jamabandi, 7/12 extracts (state-specific).
• Cross-check Encumbrance Certificate (EC) / CERSAI / Sub-Registrar Records to ensure the property is free from charges.
• Review property tax receipts, municipal approvals, RERA registrations (where applicable).

B. Legal Risk & Litigation Check

• Conduct searches in courts, tribunals (DRT), and land dispute databases.
• Identify lis pendens, litigation history, inherited property disputes, stay orders.
• Perform FIR/police check if required by organisation protocol.

C. Report Preparation

• Draft TSR (Title Search Report) in accepted bank/legal format.
• Provide legal opinion on whether the property has:
• Clear and marketable title
• Any encumbrances or legal issues
• Eligibility for mortgage/auction (in SARFAESI cases)

D. SARFAESI & Enforcement (If linked with recovery)

• Assist legal team in verifying title before issuing 13(2) notice or taking possession (13(4)).
• Support in ensuring Rule 8/Tender notice publication compliance.
• Coordinate with District Magistrate/CMM under Section 14 SARFAESI, where required.
• Review auction sale notice and sale certificate for title-related issues.

E. Coordination

• Coordinate with bank branches, legal panel advocates, valuers, technical teams.
• Liaise with revenue authorities, registrar offices, and survey departments.
• Assist in removing encumbrances or rectifying title defects.

2. Required Skills & Competencies (TSR – Title Search Report Role)

• Understanding of Property Law
• Should know laws related to transfer of property, registration of documents, and the SARFAESI Act.
• Document Handling Skills
• Ability to draft, review, and verify legal documents such as sale deeds, mortgage deeds, and title papers.
• Property Due Diligence
• Must be able to conduct full title chain search (usually for 30 years) and identify any legal risks or defects.
• Knowledge of State Revenue Laws
• Should understand land records, mutation procedures, agricultural land rules, and processes related to land conversion.
• SARFAESI Procedure Awareness
• Should be familiar with legal steps involved in property enforcement under SARFAESI, including issuing notices and assisting in recovery actions.
• Communication & Coordination
• Must be able to coordinate with different departments (legal, recovery, credit, technical teams) and communicate clearly with government authorities and advocates.

3. Qualifications

• LLB (3 Yr / 5 Yr) from a recognised university
• Preferably 1–5 years of experience in real estate law / SARFAESI matters / property due diligence
• Experience working with banks, NBFCs, law firms handling property & recovery matters is an advantage
• Knowledge of SCC, Manupatra, IGR portal, CERSAI, RERA portals preferred

4. Preferred Background

• Advocate/Legal Associate handling SARFAESI, mortgage creation, debt recovery
• Experience in property title verification for loan disbursement
• Exposure to DRT procedures and enforcement preferred

5. Key Performance Indicators (KPIs)

• Number of TSRs completed per month
• Accuracy of legal due diligence (zero defects/objections)
• Compliance with SARFAESI timelines
• Timely reporting and resolution of title issues
• Contribution to enforcement success (if applicable)

6. Career Scope

From this role, one can move towards:

• Legal Officer – Asset Recovery (SARFAESI)
• Senior Due Diligence Analyst
• Bank Legal Manager
• Litigation Specialist – Recovery & Property
• Consultant – Property Compliance & Risk