Dear Member,

I have a question which I face when I issue Title Clearance Cerificate (Title Search Report)

We find 30 years history from revenue record, and  all relevant offices. But how to find whether the property in question is involved or part of litigation in any Civil Suit pending in any court? As court is not maintaining such record.

Samir Modasia

samirmodasia@gmail.com

Samir

When issuing Title Clearance Certificate, apart from the Government Land and revenue records from various government departments, in order to know whether any litigation/case is pending w.r.t. the property we have three options

1) To issue a public notice in any newspaper circulated in the area in which the property located about any kind of transaction that we may intend to enter into with the owners of the property.

2) To go through the newspapers to find out if any similar public notice was issued or if any court notice is published w.r.t. the property.

3) To physically verify the Court Records like suit register

the only way is to verify from the suit register maintained by the court,

If   Notice of Lis Pendent is not registered and if any objection is not taken in reply to public notice given before the title Clearance Certificate is issued, any person can not claim any right on the basis of any pending Suit. If Notice of Lis Pendent is registered, you will know about the same in 30 years serch taken by you. The provision for Lis Pendent is made in Transfer of Property Act.

my dear learned friend gopi kishan is right. If any litgations pending pertinent to the property they should come up in response of Public Notice. But, if no one comes with any claim or objection or give information of litigations it cannot be presumed that it may not be there. Here in Gujarat we issue Title Certificate with remarks : "This Title Certificate is issued subject to 1) Usual Declaration on Title being made.2) Any other law, act, rules in force." The Usual Declaration on Title includes one paragraph with respect to litigation stating that There is no any litigation pending before any of the Court of Law on/or upon the property and no summons or any notice is issued or property is not attached by any Court Order or any such authority or any Government Authority and the same are also not offered as security or no solvancy on/or upon the property is issued." This is sufficient statement. On the basis of the same we issue title certificate beliving the same to be true, correct and reliable. Also if any litigations are pending they are surely covered under the statement any other law, act, rules in force. If any Court litigations, order or stay order or any liabilities are pending or hidden which are neither declared by the owner of the property nor found in the search they are being covered and therefore, if so found the Title Certificate which is issued is subject to thereof. I think the point must quite clear. We have search clearks who take search of the Court records also that way particularly Civil Court Suit Register and if so found we get all the certified copies from the Court and after due study of the case we issue Title Certificate subject to Court Decision in respect of the property, wherein the Title of the Property is not going to be affected or jeopardised.

the only way is to verify from the suit register maintained by the court,

Dear Member ,

You can follow the method suggested by  Arun Sir

but what is the cost of verify from the suit register maintained by the court ???????????

how we verify form last 30 year or all records 

arunsir

what is 1) Usual Declaration on Title being made.2) Any other law, act, rules in force." full meaning to this two line

dear friends,

as per my opinion, while dealing with the tile-search report, what documents and records we perused and relied on, that can be mentioned in the title report, because there are some non-registered documents should also done by the holders of the property, this type of problem seems in case of lease hold properties, etc,