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RAGHUNANDAN (CHIEF MANAGER)     01 February 2012

Whether 30 yrs land documents essential for plot sale?

Dear Sirs,

A case is like this. Mr A has purchased a plot of land in a town of Maharashtra in 1986. He has original sale deed dt 1986. In 2005 he got Guntewari done and certificate obtained from revenue authorities. Also he applied for assessment of the open plot and paying tax to Municipal Corporation regularly from 2005-06. Now he wishes to sell the plot. A prospective buyer Mr. B has asked him to obtain 30 years documents like mutation entries,& pherpar. As Mr A is holding the plot in his name since last 26 years and the prior to 1986 records are older than 26 years it is difficult for him to get the relevant records from the revenue authorities which is time consuming also.

Please clarify whether with the available documents, Mr. A has a good title and whether it is absolutely necessary for Mr. A to obtain the older records prior to 1986. If it is not possible for getting old records/ chain of titles prior to 1986, what is the remedy available to Mr. A for proving his good title if available documents are not enough to prove his good title.



Learning

 2 Replies

Ibrahim Deshmukh (Legal Consultancy)     02 February 2012

Although it is not very clear if the land is an agricultural land or a NA plot.   Considering it’s a NA plot, still mere inspection of original sale deed is not a guarantee of “Clear Title of the seller to the Land”.  Buyer has to make sure that the Seller has a clear title to the property.  Besides, there are few more equally important formalities which need to be carried out prior to buying a plot.

Basically its Buyer who shall engage an advocate to carry out Search Report for  the plot.  Buyer investing a sum, let him pay fees of a competent advocate to carryout Search Report to make sure that the Seller’s  title is clear, as a very basic step towards buying a plot.  Professionals know how to obtain needed records for 30 years for any property in Maharashtra.  Please advise buyer to hire services of a local professional lawyer in the area where the property is situated.

Ibrahim Deshmukh
Legal Consultant
ibdesh@gmail.com

RAGHUNANDAN (CHIEF MANAGER)     03 February 2012

It is a agricultural plot and was not converted to NA. However the area is declared as residential Zone coming under Muncipal Corporation. Also 84 C clause was got removed in the revenue records.

Extending my query further, if by engaging a lawyer for search report and if he finds that the chain of title is incomplete or one link of chain cannot be traced even after thorough search in Sub registrar office, what is ultimate remedy available to Mr. A for proving or to make his title good in view of the fact that he is in the possession of the land since last 25 years and his name appears in the revenue records from 1986?


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