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Wednesday, 29 October 2014

THE LEGAL SCRUTINY REPORT MUST BE FOR A LONGER PERIOD

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The possession of land has originated from past times and has modified the hands through series of transactions. It’s vital to trace the possession of the one that is providing his property as security.One in every of the foremost necessary factors in verification of title is that the amount upto that the title needs to be derived to avoid any disputes. Generally, the tracing has 3 necessary steps; origin, flow, and gift standing.Most of the advocates trace the title for a amount of thirteen years solely.Many times, not even one group action might need taken place among this era. this era would solely take away the chances of adverse possession, wherever an individual apart from real owner would are in actual, peaceful, open, continuous and exclusive possession of stabile property for a amount of twelve years or a lot of in total denial of title to verity owner, in such things, such indweller of the property would get title to the property by adverse possession. With the exception of adverse possession, there are different things that need to be examined to reach the title.

The limitation amount for redemption of mortgage is thirty years as per Article 61(a) of the Limitation Act. Limitation against Government is thirty years. In keeping with Section ninety of the Indian proof Act, any document dead thirty years or before is likely to be valid, since it's on the far side legal claim.

Article 61(b) of the Limitation Act prescribes limitation amount of twelve years for filing suit for recovery of the possession of property WHO has noninheritable  the encumbered property from the mortgage holder, while not the information of the mortgager.The following example would clearly demonstrate things.

The limitation amount for redemption of mortgage is thirty years.  The mortgage holder transfers the encumbered property to a different person when twenty nine years while not the information of the mortgager. Later the mortgager involves grasp of this group action. He has right to file a suit for recovery of the encumbered property from the buyer and therefore the limitation amount is twelve years.The mortgager could like such suit among forty two years when the date of mortgage (30+12).

By examining the title and encumbrance certificates for thirteen years, advocates wouldn't be in position to trace the mortgage created earlier to thirteen years, or any document dead earlier, or the claim of the govt. in and of itself it'd be desirable to trace the title for a minimum amount of forty two years. this can be solely a minimum amount and relying upon specific case tracing needs to be in deep trouble a lot of amount.

Origin or initial owner
The tracing should begin with scrutiny of earliest document recorded.  If such documents isn't created available; the certified copies need to be obtained from registering authorities however mustn't be unheeded.  Earlier documents ar known as as mother or parent documents.  The partition deed, gift deed, unharness deed, settlement deed, power of lawyer aren't mother documents.

Flow of the property
Subsequently, the property usually changes hands by varied modes like sale, gift, partition, inheritance. every modification of the possession needs to be derived with the assistance of transfer document.The sequence ought to be in written record order continuous and unbroken. Any primitive needs to be fastidiously scrutinised by touching on the records at registering offices, revenue records and recitals in different documents and if attainable by ascertaining from the parties involved. Nothing ought to be likely and left to probability. The flow ought to be up to the possession of gift owner. the proper of every intermediate owner to transfer the property ought to be completely checked.

Present standing / Current owner
After examining the flow of the property, the documents of title of the current owner, through that he has noninheritable  the possession needs to be examined. This could be any supported by revenue documents like Khatha. Encumbrance certificates, tax paid receipts, Khatha extracts.

Joint family properties / Hindu undivided family
The properties of joint hindu family needs further care. Although the Kartha of the family has right to alienate such properties, it ought to he just for legal requirements of the joint family, if not any legal heir could dispute the group action.

Properties allotted/ granted by government / statutory bodies
The tracing of the title in respect of properties granted / assigned by government, statutory bodies like BDA, KHB is also done from the date of such grant/allotment.

Transactions Not Mirrored To In An Encumbrance Certificate
The following transactions associate degreed matters mentioned below won't seem in an encumbrance certificate outfitted either in type fifteen or type sixteen by the Sub-registrar elbow grease relevant jurisdiction.
1.Oral abidance.
2.proceedings in Courts (Lispendens).
3.Tax liabilities.
4.Unregistered mortgage by Deposit of title deeds.
5.previous unregistered agreements.
6.Oral partition / Family arrangement.
7.Oral gift beneath  Mohammedan Law.
8.Unregistered can.
9. Rights and Interests command through Partnership companies, Association of Persons, Societies as well as co-operative societies, corporations etc.
10.Unregistered agreements, M.O.U’s, General Power of lawyer etc.,
11.Rights of third parties in some way recorded in documents.
12.Orders, and Decrees of Courts, Statutory and Tax Authorities.
13.Rights through possession. half Performance, just Title beneath Section 53-A of the Transfer of Property Act 1882.

The Documents Listed Below Are Needed Normally For Legal Scrutiny Report
(A)     B.D.A PROPERTY:
1.amount paid receipt issued towards the payment useful of site by B.D.A. to the allottee.
2.Allotment letter
3.Lease cum sale agreement.
4.Possession certificate
5.Absolute sale deed
6.Khatha Certificate
7.Latest tax paid receipt
8.E.C. from date of allotment until date
9.Khatha extract
10.Building arrange (if any)

(B)CONVERTED LANDS:
1.Mother deed to trace the origin of property / All different relevant conveyance deeds.
2.Conversion Order
3.Zonal regulation map
4.RTC from 1967 until date
5. Relevant mutation records.
6.I.L. & R.R. records
7.zero abidance certificate
8.zero acquisition certificate from the competent authority.
9.Endorsement from Tahsildar confirming that there's no case unfinished beneath sec.79(a) and (b) of KLR Act.
10Village map/Survey map/Tipny/ Akar Bandh/Atlas
11.If the sites are fashioned, approved layout attempt to be obtained and  sketch fixing the sites on the survey map to be obtained.
12.If the born-again land falls among the scope of C.M.C. OR B.M.P., betterment charges to be paid
13.Khatha from the involved authority to be obtained.
14. Latest tax  paid receipt.
15. E.C. for the relevant amount until date.

(C)     B.M.P. LANDS:
1Mother deed to trace the origin of property / All different relevant conveyance deeds.
2.Betterment charges paid receipt (if applicable)
3. Khatha certificate
4. Khatha extract
5.Sanctioned Building arrange
6.Latest tax paid receipt.
7.E.C. for the relevant amount until date
8.If it's primarily a born-again land, the documented listed in (c) higher than ar needed.
9. town Survey records;
a. P.T. sheet
b.Field book register
c. P.R. Card
d. town survey enquiry report

1.Mother deed to trace the origin of property / All different relevant conveyance deeds.
2.Betterment charges paid receipt (if applicable)
3. Khatha certificate
4. Khatha extract
5. Sanctioned Building arrange from competent authority.
6.latest tax paid receipt
7. E.C. for the relevant amount until date
8.If it's primarily a born-again land, the documents listed in (c) higher than ar needed.
9.just in case of high rise building, the permission to be obtained from the subsequent departments:
(a)     Airport authority of Bharat
(b)     B.W.S.S.B
(c)     B.E.S.C.O.M
(d)     Telecom
(e)     Fire Force
(f)      Pollution Board
10.     Commencement and occupancy certificates.

Other than tracing the title of the property, if the property is command by a corporation, Partnership firm or Trust, the subsequent documents ar required:
Company:
1.Memo & Articles of Association of the corporate.
2.Incorporation certificate.
3.Resolution gone the corporate available / purchase of property.

Partnership Firm
1. Partnership Deed of the firm.
2.Authorising letter among partners authorising partners available and buy of property.
3.Acknowledgement of registration of firm.

Trust
1.Regd. Trust deed
2.Resolution/Authorization letter among trustees authorising members available and buy of property.


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