manishyogi (n/a) 27 July 2007

Legal Opinion

Can any one please tell me regarding the documents to be perused and looked into for rendering opinion on a persons title?

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3 Replies

Prakash Yedhula (Lawyer) 29 July 2007

The foremost points for consideration for rendering title opinion are as follows:

1. Identify who the seller is and get his full particulars

2.  Find out the nature of his right. The sellerΓÇÖs right may be absolute, conditional or limited. It is always advisable to deal with absolute rights

3.  Trace the title of the seller for at least 30 years. The title of the seller may be by purchase, by inheritance, by partition, by gift, by settlement or by grant

4.  Ask for and see all the documents in original

5.   If there are any conditions in the documents, examine the conditions, and if the conditions restrict or prohibit the transfer or alienation, do not proceed.

6.   Find out the extent of the property and see whether it tallies with the one mentioned in the documents. Verify the survey number, location and boundaries and get the land measured through a competent surveyor

7.   Examine the sketch or plan of the property

8.   Verify with the revenue records and confirm that the seller is in possession of the property and has paid all the dues and taxes applicable

9.   See if necessary orders for conversion is obtained in case the land is sold as house sites in case the property is assessed as an agricultural land

10. Verify the documents with the Encumbrance Certificate obtained from the SRO concerned. EC should be obtained for at least a period of 13 years

11. If there is a building see whether proper planning permission has been obtained. Also verify the completion certificate and latest tax receipt

12. All documents examined, should be original to ensure that the   seller has a clear title and that there are no encumbrances on the property such as lien or mortgage or any other charge. Non-availability of any original document should be taken seriously. If the originals might have been lost by misplacement, fire, or by some other means, ask for an affidavit, from the owner to the effect that the original title deeds are really lost and that he has not created any charge, or deposited it with anybody. A paper publication can also be given

aruntrivedi (lawyer) 12 July 2009

Prakash has given exactly and all required guidance.

parag (director) 17 August 2011

Help me,

i had purchased a NIT regularised ULC plot of Housing socieytyin 2004 with area 650sqft,in 2007 after reallocation of plots i got extra area of abt 250sqft.i HAVE PAID ALL THE RELATED DUES LIKE Demand of NIT of rest of the Area i got.Now i want to change area in Aakhiv patrika of City servey,when i approached them they asked me for a Correction deed of rest area.here is a problem when i request to the secretery of housing society he asked me for a compensatiion, so is it legal what he is demanding or NIT will produce me the correction deed. pls sir help me for this.....

i have a fresh copy of Regulerisation Letter(RL letter )of NIT with full Area i alloted