Skip to main content

All About Property Or Land Search In India

 All About Property Or Land Search In India

By Nemi Bhavsar
Property search or land search is also known as title search. Property Search refers to the enquiries made by the property lawyer to gather more information about a property that a client wants to or is planning to purchase. It is one of the parts of the home buying process where real estate attorney will conduct various searches with the relevant parties and local authority.

The following are some of the main aspects of property search or land search or property ownership search:
1)Local Authority
2)Water and Property
3)Environmental
Why it is important to do property ownership search in India?
In India, it is very important to conduct a property title search. Property search must be done to verify if the property to be purchased has any sort of impeccable title and if it is free from any such kind of charges. Considering the budget of the property, a title search of the property will be helpful to avoid any sort of legal discrepancies.

Benefits of Property Ownership Search
Usually, the property search is conducted prior to the purchase of the properties, especially properties owned by banks. A complete title search or property search will provides all details about existing liens and outstanding if any. Apart from that it will also verify the other legal issues and judgments involving the property, deeds or any other important public records.Irrespective of the above-mentioned aspects, a comprehensive title search or property search by a real estate attorney will make sure hassle free transaction for the client and will protect them from any type of legal discrepancies in the future.
Difference between Government Price & Market Price
Generally, property value is determined by the Government. The estimated market value of the property is determined and maintained by the government. Ideally, it should be the market value of the property. However, in most of the cases the value determined by the government is lower the market value of the property but it may be higher in rare cases. Thus, the State government also has the authority to fix the market value of the properties in their respective states.
Why Measurement of property is required?
Measuring a property’s floor area is important and crucial for various reasons including the calculation of service charge for lease agreements, illustration of property for marketing purposes and etc. The ways to measure properties may differ across India as it depends on the standard area used for measurement. For example, in Punjab, some floor measurement may include car parks, common areas and parking spaces.
Role of Property Management Companies in Property Search / Land Search in India
Property Management Companies helps to ensure the authenticity of the documents of the property. They screen the applications and make sure that the property is not suspicious, disputed or not related to the person who claims to be the owner of the property.
Conclusion
From the above analysis and explanation, it can be concluded that property search or title search or land search is very important. It is a vital aspect and a property search must be conducted before buying any property so that any sort of legal complications can be avoided in future.



Comments

Popular posts from this blog

Section 58B of The Advocates Act - Special provision relating to certain disciplinary proceedings

 Section 58B The Advocates Act Description (1) As from the 1st day of September, 1963, every proceeding in respect of any disciplinary matter in relation to an existing advocate of a High Court shall, save as provided in the first proviso to sub-section (2), be disposed of by the State Bar Council in relation to that High Court, as if the existing advocate had been enrolled as an advocate on its roll. (2) If immediately before the said date, there is any proceeding in respect of any disciplinary matter in relation to an existing advocate pending before any High Court under the Indian Bar Councils Act, 1926 (38 of 1926), such proceeding shall stand transferred to the State Bar Council in relation to that High Court, as if it were a proceeding pending before the corresponding Bar Council under clause (c) of sub-section (1) of section 56: Provided that where in respect of any such proceeding the High Court has received the finding of a Tribunal constituted under section 11 of the Indian B

Case Laws related to Defamation in favour of ClaimantCase Laws related to Defamation in favour of Claimant. TOLLEY Vs, J.S FRY & SONS LTD – (1931) Facts The defendants were owners of chocolate manufacturing company. They advertised their products with a caricature of the claimant, who was a prominent amateur golfer, showing him with the defendants’ chocolate in his pocket while playing golf. The advertisement compared the excellence of the chocolate to the excellence of the claimant’s drive. The claimant did not consent to or knew about the advertisement. Issue The claimant alleged that the advertisement suggested that he agreed to his portrait being used for commercial purposes and for financial gain. He further claimed that the use of his image made him look like someone who prostituted his reputation for advertising purposes and was thus unworthy of his status. At trial, several golfers gave evidence to the effect that if an amateur sold himself for advertisement, he no longer maintained his amateur status and might be asked to resign from his respective club. Furthermore, there was evidence that the possible adverse effects of the caricature on the claimant’s reputation were brought to the defendants’ attention. The trial judge found that the caricature could have a defamatory meaning. The jury then found in favor of the claimant. Held The House of Lords held that in the circumstances of this case – as explained by the facts – the caricature was capable of constituting defamation. In other words, the publication could have the meaning alleged by the claimant. The Lords also ordered a new trial limited to the assessment of damages. NEWSTEAD V LANDON EXPRESS NEWSPAPER LTD, (1939) Facts: A newspaper published a defamatory article about Harold Newstead. However, another person with this name brought an action in libel. He claimed that the article had been misunderstood as leading to him. The defendant newspaper recognised that they published the article. Also, they denied that they had the intention of being defamatory of him. Consequently, the claimant argued that the newspaper was under a duty. The duty was to give a clear and complete description of the correct person. Moreover, the claimant argued that the defendants were in breach of the duty. Issues: The issue in Newstead v London Express Newspaper, was if the reasonable persons would have understood the words complained of to refer to the plaintiff. Held: The Court of Appeal stated that in accordance with the current law on libel, liability for libel does not depend on the intention of the defamer; but on the fact of the defamation. Accordingly, a reasonable man, in this case a newspaper publisher, must be aware of the possibility of individuals with the same name and must assume that the words published will be read by a reasonable man with reasonable care.

  Case Laws related to Defamation in favour of Claimant.  TOLLEY  Vs,  J.S FRY & SONS LTD – (1931) Facts The defendants were owners of chocolate manufacturing company. They advertised their products with a caricature of the claimant, who was a prominent amateur golfer, showing him with the defendants’ chocolate in his pocket while playing golf. The advertisement compared the excellence of the chocolate to the excellence of the claimant’s drive. The claimant did not consent to or knew about the advertisement.   Issue The claimant alleged that the advertisement suggested that he agreed to his portrait being used for commercial purposes and for financial gain. He further claimed that the use of his image made him look like someone who prostituted his reputation for advertising purposes and was thus unworthy of his status. At trial, several golfers gave evidence to the effect that if an amateur sold himself for advertisement, he no longer maintained his amateur status and might be aske

Rules as to delivery of goods

                             Rules as to delivery of goods Section 2(2) of Sale of Goods Act defines ‘delivery’ as a ‘voluntary transfer of possession from one person to another.’ Thus, if the transfer of goods is not voluntary and is taken by theft, by fraud, or by force, then there is no ‘delivery. Moreover, the ‘delivery’ should have the effect of putting the goods in possession of the buyer. The essence of the delivery is a voluntary transfer of possession of goods from one person to another. There is no delivery of goods where they are obtained at pistol point or theft. 1. Mode of Delivery: According to Section 33, delivery of goods sold may be made by doing anything which the parties agree shall be treated as delivery or which has the effect of putting the goods in the possession of the buyer or of any person authorized to hold them on his behalf. Delivery of goods may be actual, symbolic or constructive. 2. Expenses of Delivery: According to Section 36(5), unless otherwise agree