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Title certificate

Querist : Anonymous (Querist) 07 November 2011 This query is : Resolved 
Why we need to check records of last 30 years to purchase immovable property ?

Is there any specific provision in any law ?
ajay sethi (Expert) 07 November 2011
30 years title sarch is done to satisfy that title is clear and marketable . on the basis of title search certificate is issued by lawyer that title is clear and marketable and property is free from encumberances and that you cna go ahead and purchase the property
Sankaranarayanan (Expert) 07 November 2011
yes purely for the purpose of satisfaction basis.
Querist : Anonymous (Querist) 07 November 2011
What I am looking for is that Is there any provision in any Act? or Is there any limitation law applies due to which we have to search for 30 years of records ?
prabhakar singh (Expert) 07 November 2011
The definition of a sale of immovable property would be found in section 54 TPA.

BY section 55. Rights and liabilities of buyer and seller are defined.

It is legal duty of a buyer that before buying he enquirers all about marketable title of his seller,only then when any dispute with regard to title of his seller emerges and is raised by a third party,the buyer can in defence plead an EQUITABLE DEFENCE CALLED PLEA OF BONAFIDE PURCHASER.

IF BUYER HAS NOT INQUIRED THE TITLE OF HIS SELLER BEFORE HIS PURCHASE ,THE PLEA OF DEFENCE OF BONA FIDE PURCHASER SHALL NOT BE AVAILABLE TO PROTECT HIM FROM A CLAIM OF THIRD PERSON MADE SUBSEQUENTLY.

The objective of inspection of registration
records is to let know the buyer no charge of the kind of mortgage etc.is there on the property and property is free from all cumbersomeness.

The following extract from section 55 of TPA MAY be usefully utilized by you behind the purpose of a search at registration office::


(5) The buyer is bound—

(a) to disclose to the seller any fact as to the nature or extent of the seller’s interest in the property of which the buyer is aware, but of which he has reason to believe that the seller is not aware, and which materially increases the value of such interest;

(b) to pay or tender, at the time and place of completing the sale, the purchase-money to the seller or such person as he directs: provided that, where the property is sold free from encumbrances, the buyer may retain out of the purchase-money the amount of any encumbrances on the property existing at the date of the sale, and shall pay the amount so retained to the persons entitled thereto;

(c) where the ownership of the property has passed to the buyer, to bear any loss arising from the destruction, injury or decrease in value of the property not caused by the seller;

(d) where the ownership of the property has passed to the buyer, as between himself and the seller, to pay all public charges and rent which may become payable in respect of the property, the principal moneys due on any encumbrances subject to which the property is sold, and the interest thereon afterwards accruing due.

(6) The buyer is entitled—
(a) where the ownership of the property has passed to him, to the benefit of any improvement in, or increase in value of, the property, and to the rents and profits thereof;

(b) unless he has improperly declined to accept delivery of the property, to a charge on the property, as against the seller and all persons claiming under him, 2[* * *] to the extent of the seller’s interest in the property, for the amount of any purchase-money properly paid by the buyer in anticipation of the delivery and for interest on such amount; and, when he properly declines to accept the delivery, also for the earnest (if any) and for the costs (if any) awarded to him of a suit to compel specific performance of the contract or to obtain a decree for its rescission.

An omission to make such disclosures as are mentioned in this section, paragraph (1), clause (a), and paragraph (5), clause (a), is fraudulent.
--

Then only this search can let you know if property is free of charges or an encumbered estate and if you buy then should you not retain the part of consideration equal to charge as the same after completion of sale would be your burden.


bhagwat patil (Expert) 07 November 2011
It is nothing but 12+18 doctrine, the civil wrong can be sued within 12 years by Limitation act. The minor can sue only after attainig 18 and he will get 12 years Additional limit . Suppose any hair born today he can claim after 30 years and vice versa. Thus 30 years record is to be checked.
Shailesh Kr. Shah (Expert) 07 November 2011
In my opinion, About '30 years' Only Shri Bhagwat patil straight right answer of query.
Arvind Sehdev (Expert) 07 November 2011
I second Patil sir's answer he answered the question to it's satisfaction.


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