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Jayaraman S (Manager)     03 November 2009

Property Deal

Hi All,

Can we consider the up to date EC as well as the copy of the docuement as a proof before buying any property. 

Can anyone able to change the copy of the document which is lying in registrar office.

Jay



Learning

 4 Replies

Y V Vishweshwar Rao (Advocate )     03 November 2009

EC reflects -  encumbrnaces  - or- no encumbrances

 Certified Copy - reflectes the contents of the Regd Deed -  that the Docuemtn is Registered , the Entries in Registrar Records con not be changed by any person

The above two are not only the Proof of the title of the Vendor

The  Link docuemtns and  continuing possession as owner of the proerty for  a considerable period - 15 to 30 years- is also required to be  verified - to avoid any problems after purchasing  the property -However the verification defers form case to cae .

1 Like

TVD Rajkumar (Advocate)     03 November 2009

If its a non urban prop then you must consider getting the Jamabandhi & Girdhawari (Northern India), chitta & Patta (South India). These are the revenue documents maintiained by the patwarls/ Village Officers. Though these are not the Doc of Title, still goes a long way to identify the purchases, ownership, possession and the like.

In urban areas you must take a look at the Assessement Register maintained with the local bodies (municipal bodies).

Also if the property is of HUDA, PUDA, Market committees, or other authorities then their records must be checked and necessary consent for purchase must necessarily obtained.

Hope this lil bit helps.

Goodluck.

Saifullah.C (Advocate,Chennai)     03 November 2009

I have gone through your query.In your query you have stated upto date E.C there is nothing called upto date E.C.E.C always shows duraiton of period and its depends upon the tracing the genealogy of the property. The veracity of the certified documents can be relied upon because they are issued by the competent Authority.However the status of the E.C and the Copy of the documents cannot  to be held as a conclusive proof in order to ascertain the property holds a clear and marketable title.  

1 Like

Jayaraman S (Manager)     03 November 2009

Thanks a lot for your comments, up to date EC which i mean is the last 25 or 30 years transactions.  Since i'm planning to buy some 1000 sq ft land near porur which are all the other measure should i've to take.

If any one goes for a legal openion and is it the lawers responsibility to provide 100% check out on deal, after got the openion if there is some problem will the lawer support us or the law is supporting the borrower.

End of the day there is no guarntee for the borrower neither the bank nor the lawer, is my understanding is correct.

Jay


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