documents relating to immovable property.

Querist : Anonymous (Querist) 05 August 2011 This query is : Resolved
dear experts,

When bank is mortgaging any immovable property and ask for the legal opinion upon the documents of the property about the morgagibility of that property then what caution should advocate take and which all documents are important for ascertaining the same.

Kindly guide. Thanking you in anticipation.

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prabhakar singh (Expert) 05 August 2011
Go with search in sub registrar office 30 years records to know that property sought to be mortgaged is free of all kind of burdens and is fresh one without any kind of charges and is non encumbered .Inspection should be officially made after paying fees and taking receipt thereof.

ajay sethi (Expert) 05 August 2011
1) you will have to take 30 years search as to the title of the property at local authority office

2) if on search you find any reference to the property in question whether title to the property is clear as to if property has been earlier sold, mortgaged and the chain of title
3) based on search report of your clerk
you will give an opinion as to title is clear free from any encumberances .