How do i would find out whether a property is under dispute or already mortgaged?
Guest (n/a) 13 May 2009
How do i would find out whether a property is under dispute or already mortgaged?
Saifullah.C (Advocate,Chennai) 13 May 2009
I have gone through your query.In order to find any disputes in a property some prelimnary inspections are to be carried out pertaining to the property all the title deeds, revenue records, inspection of the property , paper publication, interview with the parties related to property .However inspite of all this work done it depends upon case to case in some cases one cannot come out with certainity that a property is not under any dispute.
Swami Sadashiva Brahmendra Sar (Nil) 14 May 2009
mr. saifullah is right. it is safe to provide a condition in the transfer deed to the effect that property is free from any dispute and incumburances and if subsequently it is found that any dispute or .......in respect of the property was pending at the time of transfer then the transferor shall return the price along with ....% penal interest.
Prakash Yedhula (Lawyer) 14 May 2009
Swami Sadashiva Brahmendra Sar (Nil) 16 May 2009
Thank you prakash ji for providing important guidelines.