Is Register of Wills to be searched for Search Title report

Querist : Anonymous (Querist) 24 October 2010 This query is : Resolved
do you think it is mandatory for an advocate to carry out a search of the Register of Wills before giving off a Search and Title report to the client ?

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Devajyoti Barman (Expert) 24 October 2010
No. It is not required.

Querist : Anonymous (Querist) 24 October 2010
It might not be required strictly. But do you not think that if you do not do a search of the Register of Wills, you might be missing something. Another way to ask the question is - what are the minimum requirements to be searched for a Search and Title report (especially considering the word Search) ?

s.subramanian (Expert) 24 October 2010
Yes. It is mandatory for the lawyer to do it personally. If he does not have the time to do it,he must honestly make a mention in his report about the same. He should not make any false statement in his report without carrying out the search personally. Otherwise it would be like what Pricewaterhouse people did in the matter of Satyam computers.

Querist : Anonymous (Querist) 24 October 2010
Do you think that all searches must not be done by the advocate issueing the report but by a trusted agent- so that there is sufficient amount of 'internal control' on the activities. One doing it, other or senior checking the method of doing, verifying and compiling the report.

In such a case it would be better if the Search report has annexure of the primary search persons remarks, and opinions derived therefrom by the advocate giving the search report

bhagwat patil (Expert) 27 October 2010
If it is a registered document it has to.

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