Tips for Investigation of Clear Title of Property.

INVESTIGATION OF CLEAR TITLE OF PROPERTY.

To own a property is a dream of every humanbeing. Title of the property is the main concernof every one at the time of purchase of property.Following are some tips which will give you someidea about the title investigation and it will helpcommon man to satisfy himself about the title ofthe property in Maharashtra.

Check List for the title verification of the property.

Recent 7/12 Extract ( 7-12 Utara) It will give you idea about the type ofownership, total number owners ( and theirshare in property) of the property. Loan on theproperty, tenant in the property ( ifany), cultivable and non cultivable area in theproperty, source of irrigation ( ifany), assessment for the property, Class of theproperty, Reservation on property( if any).Online 7/12 extracts are availableonhttp://mahabhulekh.maharashtra.nic.in/

All mutations on 7/12 extract ( Ferfar ):-

Mutations are the entries made by therevenue department in respect of anychange in ownership of the property, suchchanges may be because of death of anyowner, Loan obtained by any owner etc.some time it may happen that thoughname of any person appears in Mutationbut not in 7/12 extract, to check suchthings it is advisable to check allmutations.

Maps:-

it is advisable to check Gu-book mapsprovided by the governmentauthorizes, that activity will give youbetter idea about he exact location of theproperty and access to the property.

Soft copies of maps are available @ NewAdministrative Building, Opp Vidhan-Bhavan, Pune- 01

Reservation on property

It is very necessary for the purchaser tocheck reservation or acquisition of theproperty. Some time Government may bynotification reserves Land for purposessuch as i) Rehabilitation of Dam AffectedPublic. ii) Play Ground, iii) School etc.therefore any development in such landis not permissible, therefore it isnecessary for the purchaser to checksuch reservation on property.

Ceiling Limit

As per the type of the property there is a Limitprovided for the holding of the Land , thepurchase must check that the Land which he isgoing to purchase will not cross his limit as welas he have to check the present owner is alsonot holding it as excess land. The Khate Utara ( 8A Extract) is a document which gives us ideaabout the exact holding of the owner, thereforeit is advisable to check that document forcalculation of the total holding of the presentowner

6c Certificate ( Varas Register )

6c Certificate is a document which givesus idea about the names of all Legal Heirsof deceased person. This document isvery important as, it is noticed that sometimes names of Female Legal Heirs arenot appearing on revenue documents, toavoid such ambiguities it is advisable tocheck 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 BonafiedIndustrial Purpose:-

Though you are not a Agriculturist if you arepurchasing any property for bonafiedindustrial purpose you may purchase theLand up to a limit of 10 hectors, but topurchase land more than 10 Hector it isnecessary for you to take permission fromIndustrial 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 thatthe seller is not going to becomea Land-less person after said purchaseof land.

Loan on Property

Some loans are by registeredMortgage-Deeds are some are justCharges made by the Seva-Societies, but it is advisable for thepurchaser to take written NoObjection from the concernorganization before signing any deed.

CRZ and other zones

As it is not allowed to anydevelopment in such zones it isnecessary for the purchaser to checksuch zones before signing any deed.

Possession of the present owner:-

it is very important and thepurchaser can check it can bechecked by personal visit to theproperty.

Search in Office of Sub-Registrar:-

We will see a example A has sold his property to Bbut , because of some problems B has not mutated (recorded) his name of Revenue documents and tilldate name of A is appearing on Revenuedocuments, to check such transactions it isnecessary for the purchaser to conduct a search inthe Office of sub-registrar in who’s jurisdiction theproperty is coming. It is advisable for the purchaserto hire a Local Lawyer to do this activity. This searchwill give you idea about the all recordedtransactions of the property for the period forwhich you are doing search.

Public Notice

Some transactions are un-registered tocheck such transaction it is advisable tothe purchaser to Publish notice at leastin two Local News paper and ask forobjections this activity will help thepurchaser to satisfy him self about thetitle of the property. It is advisable tothe purchaser to take help of any LocalLawyer 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 ownerabout 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.