Scrutiny of title to a property is a task which you cannot complete without errors. There are chances to commit errors, which will be costlier not only for the client but also for advocates. Many cases filed by CBI against bank Managers, they have included Advocates as one of the Accused. Recently the CBI court has acquitted one Advocate at Bangalore. however he has undergone the trial for 7 years. Every time removing band and standing in the box, you cannot imagine. Be careful in providing opinions.
The things you need to check while verifying the title.
a) Title to the property.
While checking this you need to verify how the present owner has acquired the title. Is there any violation of the provisions of the following act.
a) Land Reforms Act.
b) if it is governed by Hindu Law the issue relating to Hindu Law.
c) Sc&St (PTCL) Act
d) Whether the layout is approved by the planning authority.
e) Whether the land is acquired for any other purpose by any authority.
It is a difficult task, there is no database, however some information is available at Land Acquisition Search
f) Whether the property is mortgaged to any other financial institution?
some information available with Mortgage search
g) is there any other charge on the property?
h) Publish a notice in a daily news paper inviting objection.
if you publish a notice in the daily news paper it will not be noticed by many people. Publish it on the web PUBLIC NOTICE you will be able to publish free and it is available for google search.
a) Never certify that you have visited the Sub-Registrar office, without visiting and personally verifying the documents.
b) Collect originals before submitting opinion or state that the opinion is based on xerox copies.
c) try to initial on the documents verified by you.
Note: This is only illustrative actions to follow.
The things you need to check while verifying the title.
a) Title to the property.
While checking this you need to verify how the present owner has acquired the title. Is there any violation of the provisions of the following act.
a) Land Reforms Act.
b) if it is governed by Hindu Law the issue relating to Hindu Law.
c) Sc&St (PTCL) Act
d) Whether the layout is approved by the planning authority.
e) Whether the land is acquired for any other purpose by any authority.
It is a difficult task, there is no database, however some information is available at Land Acquisition Search
f) Whether the property is mortgaged to any other financial institution?
some information available with Mortgage search
g) is there any other charge on the property?
h) Publish a notice in a daily news paper inviting objection.
if you publish a notice in the daily news paper it will not be noticed by many people. Publish it on the web PUBLIC NOTICE you will be able to publish free and it is available for google search.
a) Never certify that you have visited the Sub-Registrar office, without visiting and personally verifying the documents.
b) Collect originals before submitting opinion or state that the opinion is based on xerox copies.
c) try to initial on the documents verified by you.
Note: This is only illustrative actions to follow.
