Property Title Search in Dehu
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.
1. What is the title report?
2. What is 7/12 extract of property?
3.Addition and alteration report of property(6
4.Building Plan and commencement certificate of building.
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.
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.
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.
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.
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.
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
1. If the original document gets lost by any reason from the party then that document one copy is saved at the registration office. Because of this registration record, all people get to know about the ownership of the particular property with whom hence there is always information of ownership of any property.
2. If the document gets register then the same copy of the document will get at a secure place and therefore there will be a no chance to make a duplicate copy of any property document.
3. If the document gets registration under registration act then that document considered as all people know about the property and ownership of the property so there is no possibility of any fraud.
4. There is registration act 1908 section 47,48,49 and 50 mention the all law fact of register and non-register documents. Usually, Under this act, all unregister document claimed as unused documents, so always its better to register the document.
1. We know if the said property has some kind of objection.
2. We know the information that the said property has some incomplete transaction.
3. If the said property is a mortgage with any bank we get the objection from the bank or any mortgager.
4.Paper notice restricts the duplicate transaction of the said property.
5. As per Property transfer law, 1882 section 53 has a provision about the fruitless deal. If the hidden transfer of property done then it has a high possibility of fraud. The Paper notice makes the property transaction very transparent and publicly. And that is the proof of we have not done any hidden transaction of property.
If the property location is out of the city then get to know any information about a property then know the 7/12 extract of the said property. If the property is under the city(गावठाण)then that property has a property card. We get the 7/12 from talathi office and we get the property card from city surve office. This two document we called as property report. We know the property gat number, surve number, city surve number or final plot number. From this number, we know the particular property owner. And also know the property has anyone has any kind of rights or interest hold by anyone this kind of information is shown in other rights column. If the property is under family law then there is also mention the family name. If the property holds any mortgage/loan/equivalent that information is also mention in that. And also mention that what are the crops taken place in land, how many trees are there? how much among
them are a fruit tree, there is well or not?, well pumps or not? if there is any house or not? All this information let us we know from 7/12 extract. Actually, 7/12 extract is combination of extract 7,7A and extract 12.
Property card is only made for non agricultural land only. It shows only Ferfar(फेरफार) by serially in the said land. Who is the rightful owner of the said property.it also has mentioned the other rights or mortgage/loan/equivalent if any.
As per village, all property transaction under mahsul samhita(महसूल संहिता) Manipulation(changes/transfer) should be logs in to 6-D Manipulation(6 ड फेरफार). This is the logs(notebook)maintain by concern Mahsul authority(तलाठी). It maintains all transaction related property. It maintains all records under the property transfer act. To maintain this record the authority take help of will deed, release deed, Gift deed, partition deed or all other documents which are register under registration act shall be entered or maintain into this log. Normally its responsibility of sub registrar office to send index-2 to maintain the record into 6-D manipulation(6-ड फेरफार).It includes the transaction, Day of the transaction, Amount of transaction, Transaction document number.
By the time of purchasing the Flat, Row-House or Bungalow from builder that time Building plan is the most important Document. The building plan is in the form of the blueprint. The building plan is made by the Architect. And then that plan will be sent to Local self-governing body(स्थानिक स्वराज्य संस्था)to approval. Self-governing body like villege panchayat(ग्रामपंचायत), Municipality(नगरपालिका,Corporation(महानगरपालिका). Every
Local self-governing body has there own laws for construction and at the time of taking the approval of construction, the town planning department has the main role. And after approval of the plan Local
self-governing body issue the commencement certificate.
Every village and subpart of the city has a different carpet index(चटई निर्देशांक). How much construction is possible on the specified plot is depends on Carpet Index(चटई निर्देशांक)/FSI(Floor Space Index). Usually the total construction area is divided by the Plot area. i.e FSI=Area of construction/Plot area.
It is also possible to do the construction More than FSI in this case we need to purchase the TDR And use to increase the construction more than FSI. We can use 40% TDR as compare to total permissible construction. I will let you know the one scenario of TDR. If in the city Local self-governing body decided to expansion of road then they need to occupied the land beside to both the road side people property get occupied and hence government has responsible to recover there lost by the means of money but government didn’t give the money to them instead of that government Give him Transferable development right(i.e TDR)of that lost. That is TDR party can use for self development or party also can sale that TDR to anyone who needs it. TDR issue from Local self-governing body (स्थानिक स्वराज्य संस्था) in the form of D.R.C (i.e. Development rights certificates)
Completion certificate means the permission to use the property. Building construction is made as per approved building plan that we call blue print. This plan defines the all property type as well as all measurement. This plan is made as per law of construction. If the said construction is made as per rule define in the Building plan and commencement certificate then we get the completion certificate from the authority.
first of all Every land is agriculture land hence if we would like to convert form agriculture to residential then needs to convert the land/plot from residential to non residential this permission we call it as Non-agriculture(NA).
If building having more than five member then that can be an apartment. if the member is more than 10 then we can establish Society. If the member is less than 10 there is a compulsion to establish an apartment only not society. If a member is less than 5 then we can not establish an apartment as well as society.
In the market there are two kinds of people, one who have land/plot but does not have money to develop and does not have skill or knowledge of development and one who have money and skill or knowledge to develop the plot but did not have plot/land to develop in that case there is solution called it as development agreement in these two category people. Which mention all agreement term and condition and which flat/shop given to the property owner is defined in agreement and also execute one general power of attorney at the time of the development agreement to take power of owner to developer by taking the mind in that if there is any need of rights of owner to take permission or any legal work then developer have rights to do that. in this scenario General power of attorney comes in picture.
1. Ask the property owner for agreement to sale/sale deed to check. Usually In an intimation of mortgage property document deposited to the bank for loan.2.If seller said that original document gets lost then ask for a receipt of document missing report submitted to the police. Or also ask for public newspaper notice.
1. If the property is the resale and current owner has done the sale deed then just take NOC from the current owner.
2. If the property is new then take NOC from the builder.
3. If the property is resale and current owner not done the sale deed then needs to take NOC from the current owner as well as builder.
4. If the property is new belongs to society then take NOC from society.
5. If the property is old and belongs to society then take NOC from society as well from the current owner.
6. If the builder has taken a loan from a bank or any financial institution then take NOC from concern bank or financial institution.
Check the house bill, water bill and electricity bill if pending. Or also check the current owner has to update him/her name on the respective bill.
Agreement to Sale
The Agreement to Sale is the primary document.
The Sale Deed is the final document.
The Agreement defines the terms and conditions.
Sale deed defines the completion of terms and condition.
The Agreement is Base of transaction.
Sale deed is top of the transaction.
As per law at the time of agreement needs to pay total stamp duty and registration.
An agreement has paid full stamp and registration hence the time of sale deed need to add just 100/500 stamp paper.
If some amount remains to pay and not get possession then the agreement is compulsory and afterwards, sale deed is mandatory to complete the transaction.
If the transaction amount is totally paid to the seller and have a possession then no needs to make an agreement in that case we can directly make sale deed.
In Marathi, agreement to sale called it as करारनामा/साठेखत
In Marathi it named as खरेदीखत
1. If a property is from apartment then that deed called as Deed of the apartment.
2. If the property is from Society then that deed called as Allotment deed/ Transfer deed.
3. If the property is land, agriculture land or plot then deed called it as sale deed.
Because of agreement purchaser rights of ownership comes in picture.
Because of sale deed seller rights end.
Agreement is a list of promises
sale deed is the completion of all promises.
Agreement include property value/price.
Sale deed includes a complete payment history of the issue.
Agreement is made by term and condition.
Sale deed is made without any term and condition. its completion of the promise.
If property from apartment then at the time of agreement no need of apartment declaration.
If property from apartment then instead of apartment declaration not possible to do the sale deed.
If property from Society then at the time of agreement no need of conveyance deed.
If property from Society then instead of conveyance deed not possible to do the sale deed.
According to agreement seller wants to keep most of the rights In his favor. Meaning of this is all terms and condition in Agreement to sale Registration in favor of the seller.
According to sale deed purchaser wants to keep all the rights In his favor. Meaning of this is all terms and condition in sale deed in favor of the purchaser.
An agreement can not be conveyance deed.
Sale deed can be a conveyance deed.
At the time of agreement there is the possibility of taking or not take the possession
At the time of sale deed purchase must have the possession.
Agreement declares the future schedule of payment.
Sale deed declares the how to got payment and its schedule.
Agreement needs to pay the tax of Local self-governing body.
If a tax of Local self-governing body paid in agreement then no need to pay at the time of sale deed.
By Agreement to sale purchaser not become the owner.
By sale deed purchaser become the owner.
If there is done only agreement then at the time of mortgage the property needs to take permission(संमती) of seller.
If there is done sale deed then at the time of mortgage the property no needs to take permission(संमती) of seller.
After agreement purchaser name comes under other rights column, not as the owner of the property.
After sale deed purchaser name read/write as owner.
Fix the Appointment→Visit→Collect Require Documents→Make Draft→Verification→Notaries in front of authority.