Indian Property Law

All individual properties are of the nation. Ownership is Just a myth. The causes of lust on properties are nothing but a blind belief. To prevent quarrel, the constitution has provide the rights to property to abide constitution. We provide services on – property law, Real estate policies, FDI in R.E., drafting, registration of all properties transfer, arbitration & Cancellation, Acquisitions, diligence services, purchase – sell – rent – trawler License, Conversion, evaluation, Construction, partition, lease. Specifically Scrutnization of Document before sale is personally mandatory it includes as follows

Private Trust Property:

Effect of Defective title. Sale will be fraudulent if vendor knowingly conceals any defecting title. As per section 55 of TP Act Vendee should establish that he did not know the defect in the title of Vendor. A distinction should be made between defect in title and having no title at all. Where there is no title at all it amounts to fraud and laps section 55(1)(a) of TP Act can neither be invoked by the vendor. Nor it would come into rescue denial title should be specific. Effect of transfer of membership transferee is not entitled to joint possession. Transferee is stranger to family. His rights is to seek partition. Possession in dispute action cannot be initiated under section 145 of Cr.P.C. restoration of possession police report within time is need, Civil Court finding not appealable. Ownership and Title always go together. If there is title there is always ownership. Title gives a person a ownership and right of possession and also resultant right, it consists any claims liberties, hours, inherited with regard to the thing owned. It consists complex of rights, all which are right in rem eg. Exclusive right possession of the property is an must.

Acquisition of Title Agreement Agreement of Sale does not confer any title. Even if agreement is valid the holder will not acquire any title whatsoever. Suit for declaration of title under section 145 of Cr.P.C. plaintiff should seek delivery of possession.

Improvement without better title cannot be claimed back, title by court, trespass is arised. Jama Bandhi Record will not create title in person. Right to defend unequal possession, if the property is bona fide and for consideration with the title of seller is defective the sale deed cannot be declared as void

Investigation of Title to property with respect to :Assigned , bequeathed, exchanged, hypothicatedted, pledged, leased, ortigaged, inherited ,Mortigaged. Purchased property or exchanged, Co-parcenors right over the property allotted in partition. Check written Partition Deed, Proposed Property is it fallen into prospective Sellers part, consult other co-parcenors by asserting the fact of allotment, summon the mother deed pertaining to the joint family properties in addition to revenue records. Check whether name is mutated and check khatha entries effected in his favor. Transfer may be violation of prohibition under special statute, summon for grant certificate and saguvali chit and seek permission from government. Like this various aspects, interpretation, methodology is involved, ne you accept that ,all properties cannot be dealt in same way, you will find the need of Chanakya Advisor

We wish in general my readers must understand Basic concept of property and its transfer, modes of derivation of title, matters as to flats, Apartments, and time sharing, construction of deeds, Tracing and Scrutiny of title, Principle of drafting, Valuation of immovable Property and Registration, Inevitable statutory extracts relevant for scrutiny of title, Basically why need of investigation of title is a must to you. Because various legal aspects are involved, matter has become complicated, prospective buyers/bankers money is in risk.