Advocate Selvakumar|Property Advocates in Bangalore|Senior Lawyer
The
possession of land has originated from past times and has modified the hands
through series of transactions.It’s vital to trace the possession of the one
that is providing his property as security.One in every of the foremost
necessary factors in verification of title is that the amount upto that the
title needs to be derived to avoid any disputes.Generally, the tracing has 3
necessary steps; origin, flow, and gift standing.Most of the advocates trace the title for a
amount of thirteen years solely. Many
times, not even one group action might need taken place among this era. this
era would solely take away the chances of adverse possession, wherever an
individual apart from real owner would are in actual, peaceful, open,
continuous and exclusive possession of stabile property for a amount of twelve
years or a lot of in total denial of title to verity owner, in such things,
such indweller of the property would get title to the property by adverse
possession. With the exception of adverse possession, there are different
things that need to be examined to reach the title.
The
limitation amount for redemption of mortgage is thirty years as per Article
61(a) of the Limitation Act. Limitation against Government is thirty years. In
keeping with Section ninety of the Indian proof Act, any document dead thirty
years or before is likely to be valid, since it's on the far side legal claim.
Article
61(b) of the Limitation Act prescribes limitation amount of twelve years for
filing suit for recovery of the possession of property WHO has
noninheritable the encumbered property
from the mortgage holder, while not the information of the mortgager.The
following example would clearly demonstrate things.
The
limitation amount for redemption of mortgage is thirty years. The mortgage holder transfers the encumbered property to a different person when twenty nine years while not the information
of the mortgager. Later the mortgager involves grasp of this group action. He
has right to file a suit for recovery of the encumbered property from the buyer
and therefore the limitation amount is twelve years.The mortgager could like
such suit among forty two years when the date of mortgage.
By examining
the title and encumbrance certificates for thirteen years, advocates wouldn't
be in position to trace the mortgage created earlier to thirteen years, or any
document dead earlier, or the claim of the govt. in and of itself it'd be
desirable to trace the title for a minimum amount of forty two years. this can
be solely a minimum amount and relying upon specific case tracing needs to be
in deep trouble a lot of amount.
Origin or initial owner
The tracing
should begin with scrutiny of earliest document recorded. If such documents isn't created available;
the certified copies need to be obtained from registering authorities however
mustn't be unheeded. Earlier documents
ar known as as mother or parent documents.
The partition deed, gift deed, unharness deed, settlement deed, power of lawyer aren't mother documents.
Flow of the property
Subsequently,
the property usually changes hands by varied modes like sale, gift, partition,
inheritance. every modification of the possession needs to be derived with the
assistance of transfer document.The sequence ought to be in written record order
continuous and unbroken. Any primitive needs to be fastidiously scrutinised by
touching on the records at registering offices, revenue records and recitals in
different documents and if attainable by ascertaining from the parties
involved. Nothing ought to be likely and left to probability. The flow ought to
be up to the possession of gift owner. the proper of every intermediate owner
to transfer the property ought to be completely checked.
Present standing / Current owner
After
examining the flow of the property, the documents of title of the current
owner, through that he has noninheritable
the possession needs to be examined. This could be any supported by
revenue documents like Khatha. Encumbrance certificates, tax paid receipts,
Khatha extracts.
Joint family properties / Hindu
undivided family
The
properties of joint hindu family needs further care. Although the Kartha of the
family has right to alienate such properties, it ought to he just for legal
requirements of the joint family, if not any legal heir could dispute the group
action.
Properties allotted/ granted by
government / statutory bodies
The tracing
of the title in respect of properties granted / assigned by government,
statutory bodies like BDA, KHB is also done from the date of such grant/allotment.
Transactions
Not Mirrored To In An Encumbrance Certificate
The
following transactions associate degreed matters mentioned below won't seem in
an encumbrance certificate outfitted either in type fifteen or type sixteen by
the Sub-registrar elbow grease relevant jurisdiction.
1. Oral abidance.
2. Proceedings in Courts (Lispendens).
3. Tax liabilities.
4. Unregistered mortgage by Deposit of title
deeds.
5. previous unregistered agreements.
6. Oral partition / Family arrangement.
7. Oral gift beneath Mohammedan Law.
8. Unregistered will.
9. Rights and Interests command through
Partnership companies, Association of Persons, Societies as well as
co-operative societies, corporations etc.
10. Unregistered agreements, M.O.U’s, General
Power of lawyer etc.,
11. Rights of third parties in some way
recorded in documents.
12. Orders, and Decrees of Courts, Statutory
and Tax Authorities.
13. Rights through possession. half
Performance, just Title beneath Section 53-A of the Transfer of Property Act
1882.
The Documents
Listed Below Are Needed Normally For Legal Scrutiny Report
(A) B.D.A PROPERTY:
1.amount paid receipt issued towards the
payment useful of site by B.D.A. to the allottee.
2. Allotment letter
3. Lease cum sale agreement.
4. Possession certificate
5. Absolute sale deed
6. Khatha Certificate
7. Latest tax paid receipt
8. E.C. from date of allotment until date
9. Khatha extract
10. Building arrange (if any)
(B) CONVERTED LANDS:
1.Mother deed to trace the origin of
property / All different relevant conveyance deeds.
2. Conversion Order
3. Zonal regulation map
4. RTC from 1967 until date
5. Relevant mutation records.
6. I.L. & R.R. records
7. zero abidance certificate
8. zero acquisition certificate from the
competent authority.
9. Endorsement from Tahsildar confirming
that there's no case unfinished beneath sec.79(a) and (b) of KLR Act.
10.Village map/Survey map/Tipny/ Akar
Bandh/Atlas
11.If the sites are fashioned, approved layout
attempt to be obtained and sketch fixing
the sites on the survey map to be obtained.
12.If the born-again land falls among the
scope of C.M.C. OR B.M.P., betterment charges to be paid
13. Khatha from the involved authority to be
obtained.
14.Latest tax
paid receipt.
15. E.C. for the relevant amount until date.
(C) B.M.P. LANDS:
1.Mother deed to trace the origin of
property / All different relevant conveyance deeds.
2. Betterment charges paid receipt (if
applicable)
4. Khatha extract
5. Sanctioned Building arrange
6. Latest tax paid receipt.
7. E.C. for the relevant amount until date
8. If it's primarily a born-again land, the
documented listed in (c) higher than ar needed.
9. town Survey records;
a. P.T. sheet
b. Field book register
c. P.R. Card
d.town survey enquiry report
Flats:
1.Mother deed to trace the origin of
property / All different relevant conveyance deeds.
2. Betterment charges paid receipt (if
applicable)
3. Khatha certificate
4. Khatha extract
5. Sanctioned Building arrange from
competent authority.
6. latest tax paid receipt
7. E.C. for the relevant amount until date
8. If it's primarily a born-again land, the
documents listed in (c) higher than ar needed.
9. just in case of high rise building, the
permission to be obtained from the subsequent departments:
(a) Airport authority of Bharat
(b) B.W.S.S.B
(c) B.E.S.C.O.M
(d) Telecom
(e) Fire Force
(f) Pollution Board
Other than
tracing the title of the property, if the property is command by a corporation,
Partnership firm or Trust, the subsequent documents ar required:
Company:
1.Memo & Articles of Association of
the corporate.
2. Incorporation certificate.
3. Resolution gone the corporate available /
purchase of property.
Partnership
Firm
1.Partnership Deed of the firm.
2.Authorising letter among partners
authorising partners available and buy of property.
3.Acknowledgement of registration of firm.
Trust
1.Regd. Trust deed
2.Resolution / Authorization letter among
trustees authorising members available and buy of property.
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