Ancestral property--- tracing the title
VTC
(Querist) 29 December 2014
This query is : Resolved
Respected Sirs,
A person 'X' was owner of a plot during
1897 (original title from Court in 1897 and a root title in his name dated year 1886 is available with me)...
After that in year 1993 'X's grandchildren partitioned that plot into six parts.
There were no registered transactions between 1887 to 1993.
Now, In the partition title document they have not mentioned any details of previous title document or transaction.
Only family tree is mentioned in title including name of Mr'X', his daughter and son, and there sons and daughters (present 6 heirs).
After this two registered transactions had taken place in one of the six plot parts...
I'm now owner of above plot part and want to sell it now.
I got the documents of 1886 and 1897 after much search...other than these titles there is no legal heirship certificate between three generations available.
Sir my question is whether with these above titles can I trace the root of title legally in all respects...
T. Kalaiselvan, Advocate
(Expert) 29 December 2014
Are you sure that the documents date back to the year 1897 and 1896? or whether it was 1996 and 1997? because you cannot trace title for more than a century old from any registrar office.Come out proper details.
ajay sethi
(Expert) 30 December 2014
answer queries raised by expert
Rajendra K Goyal
(Expert) 30 December 2014
Consult local lawyer and show him all the documents.
P. Venu
(Expert) 30 December 2014
There have been earlier queries pertaining to other aspects of this matter. In light of the information taken as a whole, the ancient documents you could trace makes no difference as to your right, title and interest in the property.
J K Agrawal
(Expert) 30 December 2014
Dear Sir
You need not to trace out so old documents. You are to establish that you are enjoying the property for more than 30 years. as an owner, without any challenge.
You can file a declaration suit for title but it is a costly suit. there are so many other ways to establish title.
VTC
(Querist) 30 December 2014
Respected Sirs,
I'm the owner of a 1/6 part of that partitioned plot.
I've purchased the plot on June 2006 from Mr Mohan, Who himself have purchased this plot from one of the heirs in the year 1996 (the total plot was partitioned on 1993).
Sirs, I want to sell this plot now...,
But when the Buyers are legally verifying the present and prior documents of the plot... they are pointing out that in the Partition document of 1993... since there is no mention of any previous document or title references; 'tracing the root of title is not possible'
Hence, I took an encumbrance certificates for last 55 years ( upto 1960) which showed no transactions prior to 1993..
While searching for old titles in Mr X's Heir's house, I came across two original documents one from District Munsiffs Court in 1897(in One rupee stamp paper-British rule) and a registered root title (in two rupee stamp paper-British rule) in Mr X's name dated year 1886 same survey no and name of the plot showing his ownership on Plot.
Now Sirs, please advice me whether these document are sufficient to trace root of title (as such there are no wills, legal heirship certificates and death certificates to establish the family chart of Mr X from 1897 to 1993).
I'm a Defence personal employed in Cochin city of Kerala State.
Pls advice me how can I solve this issue.
malipeddi jaggarao
(Expert) 31 December 2014
The mother documents, Encumberance certificate for the last 55 years will suffice to prove the title of the first seller. Hence the title is clear and marketable. For every property you cannot find link documents. You are lucky that you could trace out the mother documents. Do not entertain any doubts.
P. Venu
(Expert) 31 December 2014
Yes, there is a real problem. Nowadays, esp. in Kerala, title to property has become than a question of document than a question of fact. May be, we have become too academic or theoretical about law!
Biswanath Roy
(Expert) 31 December 2014
While selling an immovable property it is incumbent upon the vendor to establish that the title of the property is marketable and free from any encumbrances, burdens or other limitations. One definition of a marketable title which has been put forward repeatedly is one free from all reasonable doubt. Stated another way, a marketable title is one which does not contain any manner of defect or outstanding interest or claim which may conceivably operate to defeat or impair the interest which is bargained for and is intended to be conveyed. This negative concept of marketability has become an implied invitation for courts to declare titles unmarketable if an examiner has entertained any doubt whatever with respect to them. The digests attest the painful truth that claims of bygone era cling like barnacles to land titles and encumber them long after they should have been scraped clean. We need to replace this negative approach by a positive one which will make the marketability of titles depend solely upon their state during some recent interval of time rather than upon their entire history. However, to safe guard the interest of the buyer the vendor can execute an indemnity bond in favor of the buyer along with the Deed of Conveyance if needed.
VTC
(Querist) 31 December 2014
I thank you sirs for your kind attention towards my problem,
Kindly clarify my following doubts,
1. Whether I have to establish the Family tree of Mr 'X' along with supporting documents (as such there are no wills, legal heirship certificates and death certificates to establish the family chart of Mr X from 1897 to 1993) for this period of 100 years in Kerala state ?
2. In absence of such supporting documents, Is there any way to make my Title marketable (ie, by filing suits or affidavits by Notary) ?
T. Kalaiselvan, Advocate
(Expert) 31 December 2014
You have been properly advised, do not get confused by thinking more on this, take the help of a lawyer in the local and get further issues solved.
malipeddi jaggarao
(Expert) 01 January 2015
I agree with expert Shri Kalaiselvan's advice.
K.K.Ganguly
(Expert) 01 January 2015
1. Why do you want to trace the root of the title?
2. That will not be required anywhere while transacting with the said property.
VTC
(Querist) 01 January 2015
Thank You very much Sirs..
