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Guidelines to advocates for issuing certificate of title

Guidelines to advocates for issuing certificate of title

 
I hold as under:--
(1) A Certificate of Title need not necessarily be unconditional or unqualified. It can be qualified to the limited extent of implied statutory exception contained in Section 3(2)(b) of Maharashtra Ownerships Flats Act, 1963 as interpreted above. The Format of Certificate of Title prescribed by the rules is mandatory subject only to limited scope for adaptability as explained in the judgment. A qualified certificate of title must furnish all relevant information as set out in paragraph 19 of this judgment.
(2) The Promoter must fall in one of the several categories enumerated in paragraph 16 of this judgment. To the limited extent, the expression 'title of the promoter'is used in the Maharashtra Ownership Flats Act, 1963 in the special sense so as to permit particular class of developers to act as promoters although such promoters/developers


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 1 Replies

N.K.Assumi (Advocate)     01 September 2012

Thanks Beni Prasad, for possting the citation. You know well that the Law governing land and other immovable property are governed by different State Laws. Unfortunately, here, Financial institutions keeps on insisting the format of  Certificate of Title used in Bombay, Delhi etc; and insist on using those format which is not at all applicable in a State like mine, and when we try to go by those format Title Certificate become so akward and does not reflect the real roots of the ownership and we face extreme inconvenience in trying to adopt with those format like yours. Thanks once again for reflecting the arduous work in preparing Title Certificate through the Judgment.


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