Title Search

Accounts Manager

Hi, We are purchasing a Commercial Property from a Vendor & same he has purchase from the Builder.

Qtn 1). I want to know what agreement should between the Vendor & us, Sale deed or Transfer deed. (Building is C.H.S)


As the Vendor has  purchased the said property in feb 2006, should we have to search in the sub registrar regarding the Property Title Clearance , Litigation, Law Suit etc from Feb 2006 or of the last 30 Years,
 As the Builder has already done the same as it is mentioned in the First Sale Agreement between the Vendor & the Builder, in which all the details are mentioned regarding the law suit & it is free from encumbrances

Qtn 2). Should we have to search for the property Title clearance for the Office

Note :- the Property is in Joint by father & her daughter, they have the original agreement with them,

 

 

Our CA has given as Transfer Deed for the Purchase of Property.

And also suggests us to search the Property for last 30 years in Registrar Office, & in Court., But Sir Builder has already Search the Title in March 2000, also given every details of the total Area & the builder has sold the Property to vendor in Feb 2006,

So I am having one query, should we have to do title search for last 30 years or from March 2000 or from date of Sale Agreement Between Builder & Vendor.

 

Kindly guide me,

Deepak

 
Reply   
 

it is advisable to check from the registrar office to clear al doubts for the sale deed and if it with in the corporation area please check all house tax receipt, electricity bill, sanction plan  of building from relevant authority

 
Reply   
 



I suggest the following:

1. check revenue documents for 30 years to be on the safe side - encumbrance, possession certificate, tax paid receipts, etc

2. As far as the title deeds of your vendor is concerned, it is better to seek advise from an advocate. He would help you in tracing the marketable title of your vendor. Tracing title and to trace persons interested in the property, such as, interest of minors, if any, of your vendor or his vendor, etc is not easy for you to check.

3. It is not a Transfer deed that convey's property. It is a sale deed

4. If you have any doubt about the bonafides of your vendor, you may also go for a paper publication to avoid future litigations.

 
Reply   
 
Lawyer

i advise to have the titlte search right from the revenue records in case of the original land was agri.land converted in to non-agri and if it is pertaining to other then such land then have a search of records of sub-registrar as well corporation but prior to enter in a sale-deed all such measures are to be taken and also if public notice is given then it would be beneficiarry in a sense of bonafied purchaser.

jayesh mankodi-advocate.

 
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Accounts Manager

Dear Sir,

The Title of Land is already done by the builder's lawyer.

The Vendor has purchased the property in his & her daughter name in Feb 2006, so should we have to title search from the Date of Sale Agreement between Vendor & Builder.

And also we have our office in the same building premises, we have also purchased the office from the same builder in Aug 2005,

The Agreement Between Builder, Vendor & of ours is same,

But this time we are purchasing from the vendor,

So, we have to title search from Agreement date of Vendor say feb 2006.

Thanks- Deepak

 
Reply   
 
ADVOCATE

HI, check revenue records  for 30 years to be on the safe side, and see following document

Sale Deed, Allotment Letter, Possession Letter, NoC, All Receipt, Plan Pass copy, N.A Order, B.U.Permission, 7/12 etc............

 
Reply   
 

Dear Deepak

As far as concern with the title search as I have already told you kindly check the revenue records and sanction plan from revenue authority.If you have checked these things at the time of purchasing of your shop and title was clered and free from all encumbrances then check the records from 2005 and check the registry in the registrar office. Please note some times the commercial land alleging by the builders are in lease conditions and one of the condition that without the prior approval of the authority they can't transfer the rights of the any part of the building or land.

As far concern with the vendors sale deed I agree with shivram to check "Tracing title and to trace persons interested in the property, such as, interest of minors, also"

Hope this will suffice you

 
Reply   
 
Lawyer

It is advisable to take serch of Registration Records of last 30 years and also to verify all the entries of Revenue Records of last 30 years. Alaso obtain a declaration from the sellers.

RASIK DAGLI 

Advocate.

 
Reply   
 
Accounts Manager

Sir What declaration we have get from the vendor

 
Reply   
 
Lawyer

Most of the contents of Declaration will be as usual. However, certain particulars of your case will have to be added. Please take advice and help of a local Lawyer as this is an important procedure. Dont ignore it.

RASIK DAGLI

Advocate.

 
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