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Title Report

What is Title Certificate?

          Before we know the title certificate let us know what is the title. Title certificate is also known as a title report.

The Title has a very huge definition in case of property. In simple language title called as ownership in property language.

 There is a document which decides the  ownership of the mentioned property of the specific person that document called as sale deed.

 The property title offer, the many rights to the owner, the main rights are to sale/transfer the property. As per can bank financial services custodian 224(8) SCC 266 case the High court said that title means not the actual ownership  and not the possibility to be an owner. And Syndicate bank estate officer AIR 2007 SC 3169 case High Court said that if a specific person does not have a title  then that person could not transfer the good title to any other.

 The advocate makes the Title search report of the property. That repost could be up to 15 to 20 pages. While giving this report advocate has to take more care and responsibility.

 Any property has many legal  angles and has many supportive property documents. All documents are from different  laws. To make title or search report of property needs to take knowledge of around 30-35 laws. Hence to make a property report or title search of property its work of lot more responsibility. While making one title report advocate has to study hundreds of documents. this is not easy work.


While making a property search report needs the knowledge of many things Like.. 

1. What is the title report?


2. What is 7/12 extract of property?

3.Addition and alteration report of property(6 ड-फेरफार)

4.Building Plan and commencement certificate of building.

5.Completion certificate.

6.Non agriculture order or receipt of  filling amount of non agriculture tax.

7.Apartment declaration  or society conveyance deed.

8.society registration certificate and share certificate.

9. Builder sale deed or builder and land owner development agreement and general power of attorney.

10.Map of the layout plan. Plot integration or divided plot layout Map.

11. Temporary and final sanctioned layout.

12. Share certificate if the property is in society.

13.If a property has mortgaged to some bank then remaining loan amount certificate of the respective bank.

14.if property is new or you are the first seller then to mortgage the property you should have Builder NOC or Society NOC.

15.if property is resale then you should have property tax receipt from gram panchayat or from corporation, water bill receipt, Electricity bill receipt.

16.and other relative document or zonal document.

17.agreement and sale deed difference and the importance of both.

18.Consumer forum and its complaints.

19.importent amendment under Flat law 1963.

20.ammendment under Apartment ownership law 1970.

21.what should we do if original title deed gets lost.

22.How to update the record of ancestral property.

23.Importance of property document registration.

24. If the property is flat then we should know how much VAT and Service tax.

 

Above all documents is important for regular properties. If the property is Agricultural land or property of MHADA, the property of SIDCO, the property of M.I.D.C then the important document is mention below.


 Documents for Agriculture land :

1.khate utara by the name of the farmer.

2.Land map of respective Talathi of the village.

3.four boundaries of respective GAT Number or HISA number.

4. If the partition has done under section 85 then should have an order of it.

5. landless farmer  have rights to transfer  under Family law section  63.

6.if land is Aboriginal land(आदिवासी जमीन)then specific permission.

7.if the land is under Prakalp Grast  then specific permission.

8.Tukadebandi and Ekatrikaran law permission.

 

MHADA PROPERTY:-

 

1. Mhadas allotment letter.

 

2. NOC of MHADA to mortgage the property.

 

3. Possesion letter  from MHADA.

 

4. Register lease deed with MHADA.

 

5. The Map having with MHADA.

 

SIDKO PROPERTY:-

 

1.SIDCO allotment letter.

 

2.NOC of SIDCO to mortgage the property.

 

3.Possesion letter  from SIDCO.

 

4.Register lease deed with SIDCO.

 

5.The Occupancy Certificate from SIDCO.

 

6.The Construction permission From SIDCO.

 

7. The Map having with SIDCO.

 

M.I.D.C. Property:-

 

1.Register lease deed with M.I.D.C

 

2.The Occupancy Certificate from M.I.D.C

 

3.The Construction permission From M.I.D.C

 

4. The Map having with M.I.D.C

 

5.Three party agreement to mortgage the property.

 

6. NOC of M.I.D.C to mortgage the property.

 

  The as mentioned above is not a complete list as per geographical location it would be changed.

Like this way, the advocate needs to find out the specified property comes under what type.

Ones the property type is decided then ask the document needs to do the title search report. And also find out the property location comes under Gram Panchayat, Nagar Palika or corporation. then also find out the property come under gat number,  surve number, city surve number, or final plot number then take proof(उतारे) from the respective department. If the property has some kind of loan or similar to mortgage load on the specified property it also needs to find out. Also, check the name of people mentioned on official record(उतारा) and find out there rights on the property. Also, check the property type(धारणा प्रकार) like property is if trust or public limited property then in that case, bhogavatadar dharanaprakar has been changed. Normally Bhogavatadar varg-1 property is easily transferable or it's easy to sale/purchase.if the property comes under Bhogavata varg-2 then that property must have fullfill some terms and condition to transfer the property. Properties come under Bhogavata varg-2 like property purchase under family law, The property offered by the government to the backward class, Ex-Army person allotted property like this all the property come under Bhogavata varg-2 this kind of property only allowed to transfer when we fulfill the terms and condition applied on it. In that case, we need to study the document related to terms and condition. If the parties illegally purchase the said property without fulfilling the terms and condition then that property could be come under litigation.

 

Normally we make the part of search report as below:                                                      

1.Property description

2.Property Document List

3.Property transaction 30 Years History report.

4.Property search report from Joint Sub Registrar.

5.Paper notice report.

6.Final opinion about property title.

7.if property title report gets submitted towards the bank then what document needs to submit from mortgagee.

    Always keep in mind that title report has a perfect description of the property.

 

Every property has gat number or plot number, some property has surve number. If the property is under town planning then that property has a final plot number. All this property number must come in the title search report and also exact four borders of the property. For this needs to take the help of Lay-Out Plan. As many time four borders of the property copied from previous property documents but it's not good manners in the property search. If that four borders of property are wrong in the previous document then current document to continue with wrong four borders of the property and this will drop you in big trouble in future

And usually, mention the property area in Square meter or hector. Because of this property valuation get in the exact amount. And also mention very clearly that area is built-up or carpet. Always try to mention the carpet value in agreement so we get the exact area of the property.

 

Property title search has final opinion as follows                                                             

 1. Property title is clear or not.

2. Property title is right to the sale.

3. Property title is free from mortgage/loan/any equivalent




Process:

Fix the Appointment→Visit→Collect Require Documents→Make Draft→Verification→Notaries in front of authority.


Required Documents:

ID Proof

Address Proof

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