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Ramesh (-)     24 February 2010

Survey Numbers

I have a question regarding registering a property with a survey number:

It understand that the sub-registrar offices, in general, DO NOT (or cannot) check the correctness of the survey numbers mentioned in the sale deed. They simply register a property as per the details mentioned in the document. They cannot check whether the Seller is the one who owns the property currently, that responsibility lies with the Buyer, by checking the EC. This being the case, I would like to know from the forum about the authenticity of an EC, which is purely based on the survery numbers (even for the city properties with Block No and TS No.). It throws open a lot of doubts like what if someone had regd the same property with the different survey number. In that case, the buyer of the property would never know that such an owner exists, as he will be applying for EC with the known survey number only. May be, my understanding is wrong. I would appreciate if someone throws some light on this.



Learning

 4 Replies

Gundlapallis (Advocate)     25 February 2010

Registrar is state revenue authority who is just a custodian of registered documents.

Niikhil C. Shirgaonkar (Self Employed)     25 February 2010

Actually  the Sub Registrar  dont have right to go into the merits of the document. He is ahthority to admit the execution of the documents. If any litigation arises about the ownership or title property mentioed in the document, the proper authority is Civil Court having jurisdiction over the said property.

rajkumar.vnm.marupeddi (advocate)     26 February 2010

I think it is the bounden duty of the buyer to know about the vendors, their property. If the proposed buyer is more particular about investigating the title of the property, apart from E.C, there are several other ways to find out the correctness of the document. Some times, Bank Equitable Mortgages, Court Securities, Court Attachments, Decrees under specific performance of earlier sale agreements, surity offered to Criminal Court proceedings, all these encumbranes are not reflected in E.Cs. It is only register Documents, that will reflect in E.Cs. So as to Identify the property, better approach a Government Surveyor to decide about the Survey number relates to proposed property.  Making local enquiries and investigation will help to know about the encumbrances over the property. Giving paper publicaiton prior to purchase is also most important. You can search the encumrance on the basis of proposed vendor's name not on the basis of Survey number.

bhagwat patil (Property due diligence 9422773303)     19 March 2010

e c contains the name of the owner. for same name ask photo identity ie. driving licence, election card etc. again there r two persons required for the identification of seller with thier photo identity they r held responsible for immpersonation. for other search u have to go search report by adv.


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