Tracing the property title
VTC
(Querist) 03 August 2014
This query is : Resolved
Respected Sirs,
I've purchased a 10 cent plot in 2007. The prior deeds of the plot are sale deed which my seller got when he purchased plot in1996 and a partition deed in 1993.
Now, while applying for a loan, Bank legal Officials noticed that in Partition Deed of 1993 there is no mention of any prior documents before 1993, Hence I took Encumbrance certificate for 33 years (upto 1960) and it showed nil transactions.
However while looking through old documents, I got 2 mortgage deeds of same property registered in year 1927 and 1937. In mortgage deed of 1927, there is a mention of regestered will of Janmi(Landlord) dated 27 Aug 1912 ( But no Number and in which Registrar Office is not mentioned)
How to trace title of my Land document? ... Pls help me
T. Kalaiselvan, Advocate
(Expert) 03 August 2014
The 33 years encumbrance certificate will suffice the requirement for tracing the title in addition to the registered partition deed, however, what about the original deed of the property on the basis of which the partition deed was executed?
VTC
(Querist) 03 August 2014
Sir, As I had mendioned that in Partition Deed of 1993 there is no mention of any orignal deed before 1993,
Pls advice me how I can trace original deed of the property on the basis of which the partition deed was executed.
ajay sethi
(Expert) 04 August 2014
it is doubtful whether records of said period would be available
VTC
(Querist) 04 August 2014
Sir, Then how can I solve this issue... Pls advice me...
Rajendra K Goyal
(Expert) 04 August 2014
Though very difficult, you may try to search for a copy through a local lawyer.
Dr J C Vashista
(Expert) 04 August 2014
Search through local lawyer.
By the way "VTC" is your adopted, abbreviated or fictitious/ anonymous name.
VTC
(Querist) 04 August 2014
Sir,
However while looking through old documents, I got 2 mortgage deeds of same property registered in year 1927 and 1937. In mortgage deed of 1927, there is a mention of regestered will of Grand father of the Owners(in 1993) dated 27 Aug 1912 ( But no Number and in which Registrar Office is not mentioned, no copy available)
Are these documents sufficient to establish the original deed of the property on the basis of which the partition deed was executed?
or whether the Limitation Act (Section 90 of the Indian Evidence Act 1872) is of any use to me?..
VTC
(Querist) 04 August 2014
Sir, my name is Vidhun TC, I'm a govt servent based in Cochin, Kerala.
T. Kalaiselvan, Advocate
(Expert) 04 August 2014
Section 90 of evidence act can be invoked only before a court of law and not with the bank authorities seeking sanction of loan. If you are so much interested to prove your title invoking section 90 of evidence act, file a suit before a civil court, however, there is no manner of doubt that judicial discretion u/s 90 should not be exercised arbitrarily and not being informed by reasons.
The presumption permissible relates to the signature, execution or attestation of a document, i.e., to its genuineness but it does not involve any presumption of correctness of every statement in it which may contain narratives of past events or that the contents of the document are true or that it has been acted upon. This must be proved like any other fact.
R.venkatesh Naidu
(Expert) 07 August 2014
i agreed Mr. t. kalaiselvan but any how you can approach the central record of your state, because all the ancient documents were preserved by microfilms.
