PROPERTY REGISTRATION
What Is Title Certificate?
Before we know the title certificate let us know what is the title. Title certificate is also known as a title report.
The Title has a very huge definition in case of property. In simple language title called as ownership in property language.
There is a document which decides the ownership of the mentioned property of the specific person that document called as sale deed.
The property title offer, the many rights to the owner, the main rights are to sale/transfer the property. As per can bank financial services custodian 224(8) SCC 266 case the High court said that title means not the actual ownership and not the possibility to be an owner. And Syndicate bank estate officer AIR 2007 SC 3169 case High Court said that if a specific person does not have a title then that person could not transfer the good title to any other.
The advocate makes the Title search report of the property. That repost could be up to 15 to 20 pages. While giving this report advocate has to take more care and responsibility.
Any property has many legal angles and has many supportive property documents. All documents are from different laws. To make title or search report of property needs to take knowledge of around 30-35 laws. Hence to make a property report or title search of property its work of lot more responsibility. While making one title report advocate has to study hundreds of documents. this is not easy work.
While Making A Property Search Report Needs The Knowledge Of Many Things Like..
1. What is the title report?
2. What is 7/12 extract of property?
3.Addition and alteration report of property
4.Building Plan and commencement certificate of building.
5.Completion certificate.
6.Non agriculture order or receipt of filling amount of non agriculture tax.
7.Apartment declaration or society conveyance deed.
8.society registration certificate and share certificate.
9. Builder sale deed or builder and land owner development agreement and general power of attorney.
10.Map of the layout plan. Plot integration or divided plot layout Map.
11. Temporary and final sanctioned layout.
12. Share certificate if the property is in society.
13.If a property has mortgaged to some bank then remaining loan amount certificate of the respective bank.
14.if property is new or you are the first seller then to mortgage the property you should have Builder NOC or Society NOC.
15.if property is resale then you should have property tax receipt from gram panchayat or from corporation, water bill receipt, Electricity bill receipt.
16.and other relative document or zonal document.
17.agreement and sale deed difference and the importance of both.
18.Consumer forum and its complaints.
19.importent amendment under Flat law 1963.
20.ammendment under Apartment ownership law 1970.
21.what should we do if original title deed gets lost.
22.How to update the record of ancestral property.
23.Importance of property document registration.
24. If the property is flat then we should know how much VAT and Service tax.
Above all documents is important for regular properties. If the property is Agricultural land or property of MHADA, the property of SIDCO, the property of M.I.D.C then the important document is mention below.
Documents for Agriculture land :
1.khate utara by the name of the farmer.
2.Land map of respective Talathi of the village.
3.four boundaries of respective GAT Number or HISA number.
4. If the partition has done under section 85 then should have an order of it.
5. landless farmer have rights to transfer under Family law section 63.
6.if land is Aboriginal land then specific permission.
7.if the land is under Prakalp Grast then specific permission.
8.Tukadebandi and Ekatrikaran law permission.
MHADA PROPERTY:-
1. Mhadas allotment letter.
2. NOC of MHADA to mortgage the property.
3. Possesion letter from MHADA.
4. Register lease deed with MHADA.
5. The Map having with MHADA.
SIDKO PROPERTY:-
1.SIDCO allotment letter.
2.NOC of SIDCO to mortgage the property.
3.Possesion letter from SIDCO.
4.Register lease deed with SIDCO.
5.The Occupancy Certificate from SIDCO.
6.The Construction permission From SIDCO.
7. The Map having with SIDCO.
M.I.D.C. Property:-
1.Register lease deed with M.I.D.C
2.The Occupancy Certificate from M.I.D.C
3.The Construction permission From M.I.D.C
4. The Map having with M.I.D.C
5.Three party agreement to mortgage the property.
6. NOC of M.I.D.C to mortgage the property.
The as mentioned above is not a complete list as per geographical location it would be changed.
Like this way, the advocate needs to find out the specified property comes under what type.
Ones the property type is decided then ask the document needs to do the title search report. And also find out the property location comes under Gram Panchayat, Nagar Palika or corporation. then also find out the property come under gat number, surve number, city surve number, or final plot number then take proof from the respective department. If the property has some kind of loan or similar to mortgage load on the specified property it also needs to find out. Also, check the name of people mentioned on official record and find out there rights on the property. Also, check the property type like property is if trust or public limited property then in that case, bhogavatadar dharanaprakar has been changed. Normally Bhogavatadar varg-1 property is easily transferable or it’s easy to sale/purchase.if the property comes under Bhogavata varg-2 then that property must have fullfill some terms and condition to transfer the property. Properties come under Bhogavata varg-2 like property purchase under family law, The property offered by the government to the backward class, Ex-Army person allotted property like this all the property come under Bhogavata varg-2 this kind of property only allowed to transfer when we fulfill the terms and condition applied on it. In that case, we need to study the document related to terms and condition. If the parties illegally purchase the said property without fulfilling the terms and condition then that property could be come under litigation.
Normally We Make The Part Of Search Report As Below:
1.Property description
2.Property Document List
3.Property transaction 30 Years History report.
4.Property search report from Joint Sub Registrar.
5.Paper notice report.
6.Final opinion about property title.
7.if property title report gets submitted towards the bank then what document needs to submit from mortgagee.
Always keep in mind that title report has a perfect description of the property.
Every property has gat number or plot number, some property has surve number. If the property is under town planning then that property has a final plot number. All this property number must come in the title search report and also exact four borders of the property. For this needs to take the help of Lay-Out Plan. As many time four borders of the property copied from previous property documents but it’s not good manners in the property search. If that four borders of property are wrong in the previous document then current document to continue with wrong four borders of the property and this will drop you in big trouble in future
And usually, mention the property area in Square meter or hector. Because of this property valuation get in the exact amount. And also mention very clearly that area is built-up or carpet. Always try to mention the carpet value in agreement so we get the exact area of the property.
Property Title Search Has Final Opinion As Follows
1. Property title is clear or not.
2. Property title is right to the sale.
3. Property title is free from mortgage/loan/any equivalent
Fix the Appointment→Visit→Collect Require Documents→Make Draft→Verification→Notaries in front of authority.
● ID Proof
● Address Proof
● Photos
FAQ
1. If the original document gets lost by any reason from the party then that document one copy is saved at the registration office. Because of this registration record, all people get to know about the ownership of the particular property with whom hence there is always information of ownership of any property.
2. If the document gets register then the same copy of the document will get at a secure place and therefore there will be a no chance to make a duplicate copy of any property document.
3. If the document gets registration under registration act then that document considered as all people know about the property and ownership of the property so there is no possibility of any fraud.
4. There is registration act 1908 section 47,48,49 and 50 mention the all law fact of register and non-register documents. Usually, Under this act, all unregister document claimed as unused documents, so always its better to register the document.
If the property location is out of the city then get to know any information about a property then know the 7/12 extract of the said property. If the property is under the city(गावठाण)then that property has a property card. We get the 7/12 from talathi office and we get the property card from city surve office. This two document we called as property report. We know the property gat number, surve number, city surve number or final plot number. From this number, we know the particular property owner. And also know the property has anyone has any kind of rights or interest hold by anyone this kind of information is shown in other rights column. If the property is under family law then there is also mention the family name. If the property holds any mortgage/loan/equivalent that information is also mention in that. And also mention that what are the crops taken place in land, how many trees are there? how much among them are a fruit tree, there is well or not?, well pumps or not? if there is any house or not? All this information let us we know from 7/12 extract. Actually, 7/12 extract is combination of extract 7,7A and extract 12.
Property card is only made for non agricultural land only. It shows only Ferfar by serially in the said land. Who is the rightful owner of the said property.it also has mentioned the other rights or mortgage/loan/equivalent if any.
By the time of purchasing the Flat, Row-House or Bungalow from builder that time Building plan is the most important Document. The building plan is in the form of the blueprint. The building plan is made by the Architect. And then that plan will be sent to Local self-governing body to approval. Self-governing body like village panchayat, Municipality, Corporation. Every Local self-governing body has there own laws for construction and at the time of taking the approval of construction, the town planning department has the main role. And after approval of the plan Local self-governing body issue the commencement certificate.
It is also possible to do the construction More than FSI in this case we need to purchase the TDR And use to increase the construction more than FSI. We can use 40% TDR as compare to total permissible construction. I will let you know the one scenario of TDR. If in the city Local self-governing body decided to expansion of road then they need to occupied the land beside to both the road side people property get occupied and hence government has responsible to recover there lost by the means of money but government didn’t give the money to them instead of that government Give him Transferable development right(i.e TDR)of that lost. That is TDR party can use for self development or party also can sale that TDR to anyone who needs it. TDR issue from Local self-governing body in the form of D.R.C (i.e. Development rights certificates)
first of all Every land is agriculture land hence if we would like to convert form agriculture to residential then needs to convert the land/plot from residential to non residential this permission we call it as Non-agriculture(NA).
In the market there are two kinds of people, one who have land/plot but does not have money to develop and does not have skill or knowledge of development and one who have money and skill or knowledge to develop the plot but did not have plot/land to develop in that case there is solution called it as development agreement in these two category people. Which mention all agreement term and condition and which flat/shop given to the property owner is defined in agreement and also execute one general power of attorney at the time of the development agreement to take power of owner to developer by taking the mind in that if there is any need of rights of owner to take permission or any legal work then developer have rights to do that. in this scenario General power of attorney comes in picture.
1. If the property is the resale and current owner has done the sale deed then just take NOC from the current owner.
2. If the property is new then take NOC from the builder.
3. If the property is resale and current owner not done the sale deed then needs to take NOC from the current owner as well as builder.
4. If the property is new belongs to society then take NOC from society.
5. If the property is old and belongs to society then take NOC from society as well from the current owner.
6. If the builder has taken a loan from a bank or any financial institution then take NOC from concern bank or financial institution.
1. We know if the said property has some kind of objection.
2. We know the information that the said property has some incomplete transaction.
3. If the said property is a mortgage with any bank we get the objection from the bank or any mortgager.
4.Paper notice restricts the duplicate transaction of the said property.
5. As per Property transfer law, 1882 section 53 has a provision about the fruitless deal. If the hidden transfer of property done then it has a high possibility of fraud. The Paper notice makes the property transaction very transparent and publicly. And that is the proof of we have not done any hidden transaction of property.
As per village, all property transaction under mahsul samhita Manipulation(changes/transfer) should be logs in to 6-D Manipulation. This is the logs(notebook)maintain by concern Mahsul authority. It maintains all transaction related property. It maintains all records under the property transfer act. To maintain this record the authority take help of will deed, release deed, Gift deed, partition deed or all other documents which are register under registration act shall be entered or maintain into this log. Normally its responsibility of sub registrar office to send index-2 to maintain the record into 6-D manipulation. It includes the transaction, Day of the transaction, Amount of transaction, Transaction document number.
Every village and subpart of the city has a different carpet index. How much construction is possible on the specified plot is depends on Carpet Index/FSI(Floor Space Index). Usually the total construction area is divided by the Plot area. i.e FSI=Area of construction/Plot area.
Completion certificate means the permission to use the property. Building construction is made as per approved building plan that we call blue print. This plan defines the all property type as well as all measurement. This plan is made as per law of construction. If the said construction is made as per rule define in the Building plan and commencement certificate then we get the completion certificate from the authority.
If building having more than five member then that can be an apartment. if the member is more than 10 then we can establish Society. If the member is less than 10 there is a compulsion to establish an apartment only not society. If a member is less than 5 then we can not establish an apartment as well as society.
1. Ask the property owner for agreement to sale/sale deed to check. Usually In an intimation of mortgage property document deposited to the bank for loan.2.If seller said that original document gets lost then ask for a receipt of document missing report submitted to the police. Or also ask for public newspaper notice.
Check the house bill, water bill and electricity bill if pending. Or also check the current owner has to update him/her name on the respective bill.