Legal Search report of Properties ?????????
Querist :
Anonymous
(Querist) 11 May 2011
This query is : Resolved
I am to buy a property in Delhi and I have been suggested by mine friends to get a Legal Search Report by an Advocate.
My queries----
How this Legal search report is different that just getting the "Certified Copies" of the relevant documents of the property from the Registrar Offices?
How can some one find out a if pending Court Case on a certain property or not,while some one even does not know in which Court Case it is pending and when it was filed? (Here it should also be taken into notice that Our Courts do not have all the records in digital form.)
Please guide..
A V Vishal
(Expert) 11 May 2011
Having a legal opinion at hand at the time of buying property always serves as a helpful tool in the due diligence exercise. Never believe any amateur when it is regarding your property investments. An expert will always provide you with the best knowledge on the tangles involved in property acquisitions which is no doubt the most critical procedure. There are several laws, rules, and regulations covering property investments in India. Approaching an advocate is the most credible route as he is a property matters specialist.
Regarding the second query, it is not possible to know whether any court cases are pending, however, to overcome the problem you can give a public notice by way of publication in any widely circulated local newspapers in the area where the property is situated. If you don't receive any objections then you can go ahead with the deal.
Kiran Kumar
(Expert) 11 May 2011
you may verify about nature of the property from the local registrar's office, the office must be maintaining record for any charge/ liability over the property.
for second query, Vishal gave you a good advice otherwise you may inquire about the property from the people residing around the property.
some nearby property dealer might be having some knowledge about the property.
abhay dholakiya
(Expert) 11 May 2011
yes agree with expert you may go to registar office regarding your area and fill up a form for search as you can find any liability or morgage on property from taking search and after u may also given public notice in local news paper and should take title certificate from lawyer for ur safe side in future
Querist :
Anonymous
(Querist) 11 May 2011
So I conclude---legal search Report means---getting the certified copies of registered documents only.
Pending Court Cases can never be traced out.
Ld. experts--please comment--if I am wrong/right...
sanjeev murthy desai
(Expert) 11 May 2011
Dear Anonymous you are absolutely wrong.
Obtaining a certified copy from registered office is not a title opinion.
Search report is prescribed under the Indian Registration Act, any one can do this in sub-registrar office.
But title opinion is very different and it is an legal expert opinion on particular property it includes search report also.
Nowerdays pending cases also traceable because all the courts are computerized. hence you can easylly find out pending cases on particular property or relevant persons.
Querist :
Anonymous
(Querist) 11 May 2011
Sanjeev ji, a few doubts,please explain more how the title report is different than search report?
And what if a case is running from an era before digitalization?
And what if we do not know even that in which Court of India a court case on some particular property is running?
sanjeev murthy desai
(Expert) 11 May 2011
Search report is indicates only any encumbrance, charges, transactions in respect of particular property. But title report is indicates the present legal status of Property.
You should have to approch jurisdictional pending branch and they will provide you all the information otherwise Mr. AV Vishal's opinion is advisable.
You should have to search all the jurisdictional courts i.e., Junior division, senior devision, district courts, High Court and Apex Court. It is your obligation to get all the information from various court. Hence, paper publication is advisable.
Querist :
Anonymous
(Querist) 11 May 2011
Sanjeev ji and Vishal Ji and other experts,thnx to all of U,
But question remains that what if a lawsuit on a particular property running in some other part of our country which is remote to my place and which is not even known to me.......
A V Vishal
(Expert) 11 May 2011
Mr Anonymous,
To file a suit against property the jurisdiction should be proper, no one can file a suit in some remote place for a property situated at a different place.
Querist :
Anonymous
(Querist) 11 May 2011
Mr. vishal,what if the litigant lives somewhere remote from my city,Can not he/she file a lawsuit from a court near to his place,but remote from my place?
Please reply....
A V Vishal
(Expert) 11 May 2011
No he cannot file a suit
