Verificatin of Search and Title Report

Querist : Anonymous (Querist) 24 October 2010 This query is : Resolved
1. What are the activities to be done before a Search and Title report is given for a property in a society ?

2. How is the client to verify that the search and title activities are in fact carried out and not just based on documentary evidence ?

3. Should a search of Registered Wills be done before clearing a Search and Title report - how is this generally done.

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s.subramanian (Expert) 24 October 2010
You have to take an undertaking from the person giving the opinion that a search has been done by him personally by visiting the concerned offices. Nowadays the nationalised banks have made it mandatory for their legal advisers to make such searches personally to prevent frauds. Moreover they have intimated their legal advisers that they would be black listed if the opinion is found to be erroneous and misleading in this regard.

Querist : Anonymous (Querist) 24 October 2010
question for Mr. S. Subramanian

Does not the advocate state this in the search title report - that he has in fact done the search

Querist : Anonymous (Querist) 24 October 2010
If a search title report is found faulty, or is not based on certain collateral evidences, does the Bar Council have anything to do to debar the advocate, or to warn the advocate. What recourse does the client have for a fundamentally erroneous/carefree report ? Are there any guidelines prescribed for advocates conduct in case of search/title ? When can I find such a guideline

Parthasarathi Loganathan (Expert) 24 October 2010
Banks have incorporated this vital clause in their formats given to panel advocates making it mandatory to check and verify the above aspects before their finalise the title opinion report making them directly accountable. We have even fixed accountability on many of such lapses and oversights in case of frauds and fake title deeds. It is also a good suggestion posted by the author to refer such matters to BCI and this is a real eye opener to bankers.

Devajyoti Barman (Expert) 24 October 2010
For lodging the complaint the client will have to prove that the advocate had no reason to believe that the report was true. Moreover he made no care to determine whether the person causing the search actually did make the search as though the advocate sin the search report , it is the professional searchers who make the searches and the advocate only endorse such report.

R.Ranganathan (Expert) 24 October 2010
I agree with I agree with Mr. Barman. Most of the advocates have no time to go personally for search, they send their clerks or other persons to do the job. I feel that it is better to ask for Certified copies of the documents and verify it, instead of visiting the Registrar's office.

Parthasarathi Loganathan (Expert) 28 October 2010
Many fake title deeds or certified copies of documents have been detrimental to the banks interest and mortgage got invalidated. Having empanelled in the bank it is the primary responsibility and duty of the advocate to protect the bank;s interest

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