the survey no of the property may not be available in the partition deed of 1935. name of seller is present in the search document in respect of survey no of property. if the survey no. is available in the deed of 1984, then it is ok. if it is not available, obviously there must be an identification of the property in deed no 1935 as well as 1984. try to find out the survey no of the property mentioned in the deed no 1935 as well as 1984. if both the same, there must not be any confusion.
In order to purchase a land in Kerala should we investigate validity of a prior title deed .
I plan to purchase a land in Kerala. The present title was a sale deed executed on 1984 by father to his son. The father had got the property by a partition deed in 1935. However we could not establish a clear link of the survey no of the property in the title to the prior title deed. The seller has the land tax remitted in his name, possession certificate of the land in his name. Encumberance taken from 1984 is also clear and shows that the property in the survey no mentioned in the title is in sellers name. So should I be concerned for a prior title deed whose title deed itself is on 1984? Or if the title deed itself is 35 years old should I verify its prior title deed to purchase the land?
Asked 5 years ago in Property Law
Religion: Christian
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12 Answers
Please make sure before purchase of property to vet all the documents legally. It will cost you few thousands but will save lakhs from fictitious deals. consult local property lawyer with all the documents for safe purchase.
See since the title is old and undisputed you can purchase the property, you can engage an advocate he shall provide you the title report of the property by verifying all the documents based on same you can proceed.
No not need 35 years old property and has possession plus clear title along with property tax and index II or mutation papers on his name.
Than you should purchase the property as its clear title.
Yes it's very important for verify title deed and encrumbances in property
You must verify original documents of title are with seller
2) you must verify prior title deed
It is always good to verify the previous records of the land before going for purchase you have to verify all the previous owners of the land
If the title to the seller is perfect from the year 1984, there cannot be any problem to this property.
Actually the encumbrance can be verified for the last 30 years alone.
You may, as an abundant caution, obtain a legal opinion from a local advocate also and proceed if recommended.
Seller is in long undisputed possession , can cross check rest deal is clear.
Hello,
In my advise you may go ahead and purchase the said land. If the title is clear for last 36 years then you may purchase the same. Still take advise and title search report from a local lawyer with regards to the same.
Regards
Dear Client
There is no need to verify the title deed prior to 1984 as its been 35 years that person in paying tax and also land possession certificate is also in the seller name then the land must be cleared and you can go ahead with the purchase.
- As per the information mentioned in the present query, makes it clear that you are worried about any dispute over the property which is also appreciable at my end as every buyer should be vigilant against their rights and duties though only if obligatory also.
- There has been a period of 20 years for any one to claim their title over any property which cannot be seen in the present case.
- Still, you should approach the near district court and executive magistrate office to inspect any other document should not be executed for the same property.
