1) take search in sub registrar office for last 30 years
2) contact a local lawyer and obtain certificate that title is clear and marketable
3) don't pay full consideration unless you are satisfied that title is clear and marketable
Property title litigation
We have made sale deed for purchasing the plot in bangalore and now the registration is pending. Recently we came to know from neighbors that the land is sold for multiple parties. So is there is any clear process to check the genuineness of title of the plot in Bangalore.Kindly suggest.
Asked 8 years ago in Property Law
Religion: Hindu
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5 Answers
1.While purchasing a property it is always advisable to meet local lawyer who after checking the relevant papers would advise further.
2.If registration office is searched then from the energy it can be said the property iis previously sold r not.
3.So encumbrance certificate from the registration establishes this fact.
4.For doing all these acts do meet a local lawyer and show him all papers.
Did you not do conduct due diligence before purchasing the property? 50% of property related disputes in India can be avoided if people start doing due diligence before purchasing. Be that as it may, now engage a local lawyer to conduct title search in the office of sub-registrar to ascertain if your title is free and marketable. It is basic law that the seller cannot pass a title better than his own title.
If the plot has been sold, then it must reflect in the Encumbrance certificate (EC) which can be obtained from the jurisdictional sub-registrar's office.
If only sale agreements have been executed and if these are not registered at the S/R office, then you cannot get this information from the EC.
Alternatively you can take out a PUBLIC NOTICE in two leading news papers (English & Vernacular) in Karnataka stating that you the agreement holder, intending to purchase the plot and if anybody or whomsoever has any manner of right or interest in and over the plot may lodge their claim with documentary proof with you WITHIN 07 DAYS from date of publication of the PUBLIC NOTICE., failing to do so, they give up their claims or interest in the said plot and that you would conclude the sale thereafter.
You have the above two options.
You can ask for the original title deed
Get an extract of EC and find the significant transactions that are suspicious and clarify the details from the vendor
If you feel cheated you may lodge criminal complaint against the vendor
