Format of legal opinion
Ezhil Bose
(Querist) 07 July 2012
This query is : Resolved
Please share a format of a property's legal opinion.
ajay sethi
(Expert) 07 July 2012
how can there be ready made format ?
you have to take 30 years title search . based on search report you have to give opinion as to whrtyher title is free , clear marketable and free from encumberances
ashutosh mishra
(Expert) 07 July 2012
You have not specifically fixed your desire.
If it is to be addressed to a banker you can
use following format:
To,
The Manager,
_____ Bank, Branch at _____
District _____
Subject:- Legal Opinion – cum – search report in respect of property in the name of _____, son/daughter of _____, resident of _____.
Sir,
I have personally examined the documents and records of the above referred property and after due considerations certify:-
That I have examined the record of the office of Sub- Registrar, _____ for the past _____ years and found that the property is free from all sorts of encumbrances.
That the property stands in the name of _____, son/daughter of _____ in the revenue _____.
That there are no claims of minors in the property.
That as per Jamabandi for the year _____ in the revenue record of _____. I certify that _____, son/daughter of _____ is the owner in possession from _____ of the _____ land as mentioned in the search report. His/Her name is also recorded in the column of ownership in _____ as owner and in the column of possession and _____ of the said _____ land. He/She is coming continue owner in possession of the _____ land i.e. described in the para no. ___. The chain of title is complete for the past _____ years in all respects .
That _____, Resident of _____ has free and marketable to the property.
That there is no impediment for creating the mortgage.
That the title deed in favoring the present owner detailed in the paragraph no.1 is clear and marketable and fit for accepting the same as security by way of mortgage.
That the property has not been acquired under land acquisition Act, _____ and no notification giving the intention of the acquisition of the said property has been issued.
Ezhil Bose
(Querist) 10 July 2012
Thanks ashutosh mishra for sharing the model format.