Liabilty
sandeep bose
(Querist) 22 March 2012
This query is : Resolved
Dear Sir,
Being a new in his profession and empanelled myself in Bank,I have a query regarding the liability of an advocate in searching of an immovable property.
Now a day keeping in view of the so many fraudulent activities with the property, what will be my defense if after following all the searching procedures / norms, the concerned property became fictitious and Bank held me liable.
Regards Sandeep
ajay sethi
(Expert) 22 March 2012
sandeep
you have to be extra careful in giving title search reports .
always take 30 years search of the property .
appoint a search clerk to carry out detailed search .
based on report of experenced search clerk give written opinion .
in case bank has been defrauded your defence is that diligent search was taken and you did not find any entry relating to creation of third party rights in records .
Ghanshyam Prasad
(Expert) 22 March 2012
It may be defiency of service.Thelawyer cannt be proceeded.
ajay sethi
(Expert) 22 March 2012
thanks for appreciation bharat
sandeep bose
(Querist) 23 March 2012
being new in this profession and also to this this blog, I am overwhelmed by the responses of my query. Thank you very much to you all for the advises.
Sandeep
Guest
(Expert) 23 March 2012
You are welcome.
V R SHROFF
(Expert) 23 March 2012
DO YOURSELF, BUT TAKE HELP OF YOUR NEARBY ADVOCATE SR FRIENDS , TO JUST GO THRU,
It will help you, avoiding mistake, and He will get due respect from you.
Nothing wrong asking help from sr professionals.
SAINATH DEVALLA
(Expert) 24 March 2012
Dear Sandeep,
You have to be extra careful in these matters.Don't rely on any third party.Risk is always involved.Obtain 30 years Encumberance Certificate of the title deed.
