Litigation
g.sankar
(Querist) 14 August 2013
This query is : Resolved
Before purchasing an immovable asset,ie..a flat, a piece of land, how do I make sure that
1.The property is not encumbered by any litigation in any court?
2.The property is not mortgaged,pledged,to any bank?
malipeddi jaggarao
(Expert) 14 August 2013
1. Insert a paper advertisement that you are intending to purchase the property and inviting objections if any.
2. Get E.C.for 30 years it will give you chronilogical passing of title.
3. Ask for original document. If the property is equitably mortgaged to any financial institution, the original document will be them but not with the owner. If the owner represents that the original is lost and gives a certified copy, you should be alert.
4. Obtain all link documents for the last 30 years. If 30 years is not possible at least 13 years.
5. Look into the tax payment receipts.
R.K Nanda
(Expert) 14 August 2013
nothing to add more.
g.sankar
(Querist) 14 August 2013
I thank you for your answers.But sir is there any full proof way to know about any litigation through the govt. source.i.e. the registration office,or any other place.
putting up an advertisement to purchase a property is good idea, but
1. it might be over looked by the litigant. 2.will it indemnify me in future after purchasing from any litigation if there is any.
Devajyoti Barman
(Expert) 14 August 2013
Paper advertisement is of no help.
You have to make specific court searches .
Insist to see the original title deed to ensure equitable mortgage issue.
Rajendra K Goyal
(Expert) 14 August 2013
Search from Registrar office, obtaining and Scrutiny of 30 years link documents, scrutiny of original documents, personal inquiry from nearby property holders whether any dispute exist or not are the ways.
K.K.Ganguly
(Expert) 17 August 2013
When you get the Original Title Deed, ensure to get its genuinity verified through the experts.
It is not difficult to fake a Title Deed which will appear as a genuine Title Deed to the unasumed people.
