Shambasiv (n/a) 24 November 2008
Natesan (Law) 24 November 2008
1. Apply for EC in the registrar office of the jurisdiction
2. If mortgaged in bank/private financial institution, then the seller wont be able to produce the orginal registered document and parent original document.
3. Apply for certified copy for the document in the registrar office and cross check with the given by the seller.
shashank manjrekar (Legal Consultant) 24 November 2008
M. PIRAVI PERUMAL (Advocate & Consumer Rights) 24 November 2008
Dear Shambasiv, Apply for encumrbance certificate and peruse it. But EC gives only registered encumbrances. Peruse and confirm whether the seller is in possession of original documents. As there is possibility of creating equitable mortgage by deposit of title deeds, in case such mortgages there will be no entries in the EC. Get a legal opinion and as additional precaution to give publication in the newspapers about your intention of purchasing the property with details of the property and call for objections from any public. This will help you in case of any dispute as later stage, you can take the plea of bonafide purchaser.
N.K.Assumi (Advocate) 26 November 2008
Ask for title investigation report from an escrow who will give you the details.