(Guest)

How to check my property title is clean?

Ten years back, I purchased a house through bank loan while I was in India on my name. Since I had taken bank loan, my title documents were with the bank.

An year later, I came to US. I started paying the bank loan through my relatives(wire transfers) who stay at my home. Around 2002, I cleared the entire loan and my relatives did receive my title document. In 2009, while they came here to US, I ensured to get my home title documents from them. Also all of the property tax receipts.

Of course, from past 2 years, I am paying the property tax through online from here in US.

Now, recently when I made a trip to India, I see these people to be cheats, I was all the time giving them money for family maintenance, to purchase house articles like Refrigerator, TV, etc and lot more. But they didn't. Worse, they purposefully want to have cold relationship with me.

I am OK with all my loses on my family maintenance contribution. But I want to ensure that these people haven't cheated me any further with respect to my house, since my title was with these people for close to 7 years.

What are the steps that I need to take to check is there any fraudulent activity like taking loan on my house or in any other manner?

I don't see any surprises with my property tax, it just comes on my NAME.

1. I will arrange an encumbrance certificate on my house.

2. Anything else?

Is there any way by which these people would have created a fictitious title that says they have a share in my house? I don't remember giving them power of attorney. I might have! This is the disturbing part. What further checks I need to perform to ensure that these people haven't done any further harm to me.

Land telephone line is still present at my home. I keep making calls to them to ensure that they won't /can't rent it or lease it. Any other checks from my side?

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mhr

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9 Replies

(Guest)

1. check your previous title documents (mother documents)

2. Apply with encumbrance certificate

3. Check with revenue records of taluk officer.

4. submit the documents with local lawyer to investigate the same and get a legal opinion of th title deeds.

(Guest)

Thanks Ganeshan, I will. Also, when I go to India(Karnataka) this summer, I am planing to include my wife and my kids name. Will it suffice if I just get title document and mother document to India. My kids are Americans by birth, can they be included in the house title?

(Guest)

yes. your wife has to sign on behalf of her and minor children

suresh (Advocate) 28 December 2010

Dear Mr.Oscar,

First we have to check thoroughly in the concerned sub registrar office is there any encumbrances are there or not, upon the verifying only we can tell is there any fraudulent act as taken place or not.

Yes upon verifying the same you can enter proper documentation for your family members.

Regards

Suresh.N.V.

(Guest)

Mr.Suresh, thanks.

bhagwat patil (Property due diligence 9422773303) 03 January 2011

take the search report by appointing local lawyer.it not possible to sabotage the title without POA.if so happen they have to face the criminal proccedings.

(Guest)

Mr Bhagwat Patil. Thanks for your advise.

I have an other quick question. Is it possible for these people to LEASE my house and move away with lease amount? In order to protect this happening from these people. What should be my next steps?

Please understand this. They are my close relatives. I can't easily tell them they should move out. I will look extremely rude and crude if I do so. At the same time, let them enjoy my house, while I ensure none of these ugly stuff happens.

bhagwat patil (Property due diligence 9422773303) 05 January 2011

You ask them to send the property card extract every 3 months as you require it for the record submission as per US laws,and pay them what ever expences for getting PR card.If they lease the house it does not harm the title.nobody will protect your property , and property title free of cost.let them earn something and with their help only you can watch the property title.

(Guest)

Mr. Bhagwat, excellent suggestion. I was thinking in the same lines, except that I have no idea on what to do next. I was thinking to pull encumberance certificate every 3 months.

I will follow your suggestion, thank a lot.