Tips for Investigation of Clear Title of Property.
INVESTIGATION OF CLEAR TITLE OF PROPERTY.
INVESTIGATION OF CLEAR TITLE OF PROPERTY.
To own a property is a dream of every human being. Title of the property is the main concern of every one at the time of purchase of property. Following are some tips which will give you some idea about the title investigation and it will help common man to satisfy himself about the title of the property in Maharashtra.
Check List for the title verification of the property.
a) Recent 7/12 Extract ( 7-12 Utara) :- It will give you idea about the type of ownership, total number owners ( and their share in property) of the property. Loan on the property, tenant in the property ( if any), cultivable and non cultivable area in the property, source of irrigation ( if any), assessment for the property, Class of the property, Reservation on property( if any). Online 7/12 extracts are available on http://mahabhulekh.mumbai.nic.in/.
b) All mutations on 7/12 extract ( Ferfar ):- Mutations are the entries made by the revenue department in respect of any change in ownership of the property, such changes may be because of death of any owner, Loan obtained by any owner etc. some time it amy happen that though name of any person appears in Mutation but not in 7/12 extract, to check such things it is advisable to check all mutations.
c) Maps:- it is advisable to check Gu-book maps provided by the government authorizes, that activity will give you better idea about he exact location of the property and access to the property.
d) Reservation on property: - It is very necessary for the purchaser to check reservation or acquisition of the property. Some time Government may by notification reserves Land for purposes such as i) Rehabilitation of Dam Affected Public. ii) Play Ground, iii) School etc. therefore any development in such land is not permissible , therefore it is necessary for the purchaser to check such reservation on property.
e) Ceiling Limit :- As per the type of the property there is a Limit provided for the holding of the Land , the purchase must check that the Land which he is going to purchase will not cross his limit as wel as he have to check the present owner is also not holding it as excess land. The Khate Utara ( 8 A Extract) is a document which gives us idea about the exact holding of the owner, therefore it is advisable to check that document for calculation of the total holding of the present owner.
f) 6c Certificate ( Varas Register ) :- 6c Certificate is a document which gives us idea about the names of all Legal Heirs of deceased person. This document is very important as, it is noticed that some times names of Female Legal Heirs are not appearing on revenue documents, to avoid such ambiguities it is advisable to check 6c Certificate.
Apart from these revenue documents check-list the purchaser must consider following things before entering in to Purchase of the property.
Purchases of Land for Bonafied Industrial Purpose:- Though you are not a Agriculturist if you are purchasing any property for bonafied industrial purpose you may purchase the Land up to a limit of 10 hectors, but to purchase land more than 10 Hector it is necessary for you to take permission from Industrial Commissioner.
Purchase of Land for Agricultural Purpose:- If you want to purchase a land Agricultural Purpose you must be a Agriculturist as the meaning of B.T. & A.L. Act.
The purchaser also satisfy himself that the seller is not going to become a Land-less person after said purchase of land.
Loan on Property:- Some loans are by registered Mortgage-Deeds are some are just Charges made by the Seva-Societies, but it is advisable for the purchaser to take written No Objection from the concern organization before signing any deed.
CRZ and other zones:- As it is not allowed to any development in such zones it is necessary for the purchaser to check such zones before signing any deed.
Possession of the present owner:- it is very important and the purchaser can check it can be checked by personal visit to the property.
Search in Office of Sub-Registrar:- We will see a example A has sold his property to B but , because of some problems B has not mutated ( recorded) his name of Revenue documents and till date name of A is appearing on Revenue documents, to check such transactions it is necessary for the purchaser to conduct a search in the Office of sub-registrar in who’s jurisdiction the property is coming. It is advisable for the purchaser to hire a Local Lawyer to do this activity. This search will give you idea about the all recorded transactions of the property for the period for which you are doing search.
Public Notice :- Some transactions are un-registered to check such transaction it is advisable to the purchaser to Publish notice at least in two Local News paper and ask for objections this activity will help the purchaser to satisfy him self about the title of the property. It is advisable to the purchaser to take help of any Local Lawyer for the same.
Drafting:- Drafting of Title Deed is most important part of the property purchase activity. The purchaser may satisfy himself by checking that the following Points are covered in the draft.
i) Indemnity/ Guarantee from the present owner about his title over property.
ii) Indemnity/ Guarantee from the present owner about his possession over property.
iii) Indemnity/ Guarantee from the present owner about non reservation of the property.
iv) Point making clear that the said property is not relates with any public activity.
v) Point making clear that the said property is not a Trust Property.
vi) Point making clear that said property is not a Government Granted Land.
vii) Point making clear that no-one has any right ( road/ parking) over said property.
viii) Point about the existing structure on property (if any). Because it may affect valuation of the property.
ix) If the said property is ancestral one then it is necessary to make all members of the family as consenting parties for the deed.
x) Purchase price of the property is agreed mutually, with the schedule of payment.
xi) The Photo Identity Cards of the present owners must be attached to title deed.
xii) Indemnity/ Guarantee from the present owner about Non Litigant property because any transaction for a property for which litigation is pending is null and void in the eye of law.
xiii) Boundaries of the property gives clear idea about the exact location of the property. Therefore it is necessary to mention it clearly in the Title-Deed, a part from this it is advisable to attach a map showing exact location of the property.
xiv) Witness to the deed plays very important role if the deal goes in to any Litigation, therefore the purchaser must take the precaution that he witnesses are proper. It is advisable to take one owner of adjoining property as witness as it will help to prove possession of the present owner.
I think if any one takes all these precautions then it is more than sufficient to purchase a clear title property.
Rohit Ramesh Purandare
M.A., B.Com, LL.B., D.I.P.L., G.D.C & A.
(The data provided here is based on best knowledge of publisher and publisher is not responsible for any damage or lose caused because of its use by any body)
