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G.H. SUBBU (Advocate)     11 October 2009

Legal Title scrutiny for housing plot in Approved Layouts

I am empanelled in a Bank as panel Advocate.  I want to know what are all the documents to be scrutinised for Title Report, for a housing plot in DTP approved Layouts in Tamilnadu, for accepting the documents for security to Banks.  If any one of the original parent document in the chain link is not made available, what is the procedure to be followed, to accept the documents and what are the  steps to be taken by the applicant to complete the process?  please brief in details, I would be much thankful to our members in this regard.



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 5 Replies

Khaleel Ahmed (Legal Advisor)     16 October 2009

Dear Friend,

Checke the title of the vendor, by verifying the title deeds produced by the vendor either registered deed or revenue record.. How the vendor got such property for last 14 years.Check the incumbrance certificate. Check with the revenue record. The land should not be assingned land. The land or plot must be free from all encumbrances and land ceiling clearance.

G.H. SUBBU (Advocate)     18 October 2009

Thank you Khaleel Sir,

kranthi kiran (Works In Judicial Department)     31 December 2009

Apart from the title aspects, it is necessary  to check

1) whether the land is converted from Agricultural  land to non-agricultural land so as to from a layout.

2) Whether the develpoer has obliged the conditions or terms stipulated in the layout approval letter issued by the DTP with in the time prescribed.

3) Apart from that, verify with the revenue records as to whether the land is a patta land or government land or Bhoodhan Yagna Board Land or Endowment land or wakf land.

4) if any of the orginal link document is not available, obtain a affidavit in this regard along with the certifide copy of the said link document

Sri Vijayan.A (Legal Consultant)     09 September 2010

 for Title Report, for a housing plot in DTP approved Layouts in Tamilnadu

  • Normally, if is approved by DTCP or CMDA, we can presume that the approval as a root document, in that case you, as solicitor for the bank, verify with the approving authority for the genuineness of the approval. But I strongly advice to scrutinise the previous title deeds and documents atleast for thirty years
  • You also have to verify whether specific conditions and terms are imposed on any particular portion of the layout. For instance, some part might be reserved for public purpose, school, play ground,Govt. offices or commercial. Because, I have seen people try to sell it as residential plot hiding fact of the said condition
  • However, there may be relaxation for this type of conditions that may be lifted/ removed after some specific time, say three years, if no one comes forward to form such a public utilities. You have to check whether time period is elapsed

 If any one of the original parent document is not made available,

  • Please see the case in the angle, whether the property might have been mortgaged b'cos an equitable mortgage can be created just by depositing the title deeds. For this registration is not needed, some times even documentation is not needed. Hence, a lawyer of ordinary legal prudence may not in a position to find this type of charge/ lien.
  • If you are convinced that the deeds are not mortgaged, you can ask the applicant to produce the certified copy issued by the sub-registrar concerned. For which he has to apply for to the sub-registrar in the standard format which is used for EC.

Sri Vijayan.A (Legal Consultant)     09 September 2010

Dear Mr.Kiran,

1)Lr.Subbu has asked about a plot in a Layout approved by DT&CP, hence the verification,"whether the land is converted from Agricultural  land to non-agricultural land so as to from a layout" as you advocated does not arise

2)I agree to ur point, "Whether the develpoer has obliged the conditions or terms stipulated in the layout approval letter issued by the DTP with in the time prescribed"

3)Again I have to repeat the clarification No.1 for ur point,"Apart from that, verify with the revenue records as to whether the land is a patta land or government land or Bhoodhan Yagna Board Land or Endowment land or wakf land".

Thank you

4) if any of the orginal link document is not available, obtain a affidavit in this regard along with the certifide copy of the said link document


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