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Before Verification of Title:

Before Verification of Title:

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11/07/2011

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BEFORE VERIFICATION OF TITLE:-
In these days Advocacy with several people has lost its credibility by screening papers withdefective title as passed. The title needs verification by keeping in mind several litigatory aspects,legal and factual positions, document words, boundaries in all previous mother deeds and presenttitle deed etc.,
DOCUMENTS NEEDED
1. RTC relating to survey number.2. Mutation register extract showing how khatedar got the land.3. Title deed and parent deeds.4. Encumbrance certificate from Subregistrar office for minimum 30 years or as may be suggestedafterverification of available documents.5. G Tree from previous two generations sworned to before village accountant/ secretary.6. Old RTC/ Phanies as may be required after verifications of other documents.7. Old M.R.Extracts as may be required after verification of other documents.8. Note : Familly settlement deeds/ panchayathi palupatties/ partition deeds are not DOCUMENTSOF TITLE.9. Village survey map along with particular survey number lands survey sketch.10. Certificate from Assistant Commissioner office stating land is not covered under anyrestrictions under Karnataka Land Reforms act, Land Grant Rules and Karnataka PTCL Act.11. Certificate from LAO of the subdivision stating There is no acquisition proceedings in respect of the survey numbers.12. Upto date tax paid proof, ID proof of sellers etc
NOTE: NEED OF DOCUMENTS DIFFERS IN EACH CASEINVESTIGATIONS of TITLE:
1. Survey number2. Village / hobli / taluk / dirstict3. Whether any irrigation tank beside the land?4. Whether any public drinking water source around the land?5. Whether any reserved forest or natural stream around the land?6. Whether any public path roads passing inside the land?7. Are they situated in irrigated or non irrigated area?8. To which class the vendors land whether it is A,B,C,D as specified in schedule 1, part A, of Karnataka land Reforms Act. 19619. What is the total area of land in the possession of the vendor?10. Are they all in his Khas possession and also under personal cultivation? Or who are in actualpossession and under what rights?11. Are there any bhag chase (varakke kodu)in the property?12. Who are the person or persons actually cultivating the lands and the nature of products?13. Whether any person other than the owner cultivating the same not being a member of owner’s / vendor’s family.14. Please produce paid up Kandayam receipts for the last 12 years, showing that no taxes are inarrears.15. Is the property vacant or in the occupation or habitation of any body? Under what rights anyhabitations were found?16. Are any requisitions of the panchayaths subsisting in respect of the property including notice.Unauthorized constructions, demolition encroachment, etc.?17. Whether the vendor has filed FORM No7 under Karnataka land reforms Act? If so please
 
produce a copy of the same for any inspection. Old rent receipts granted by zamindars are to beproduced.18. Was there any proceeding before the land tribunal or orders of land tribunal or appeal overthe orders of land tribunal regarding the property?19. Is there any notice under section 84 of the Karnataka land reforms Act 1961 for failure on thepart of vendors from non cultivation of land for two years or more.20. If the land is begotten as a tenant under Karnataka land Reforms Act? Produce the final orderspassed under section 48A by the Tribunal? Verify with affidavit that non alienation period of 15years was completed from date of Tribunals order to specific date. Also verify with affidavit thatthere is no appeal pending against the orders of Tribunal in any higher courts. Produce, FORMNo:- 10 in Rule 21 of the Karnataka land Reforms Rules 1962.21. Whether the land is granted under section 77A of the Karnataka land Reforms Act, If soproduce FORM 11ccc of the Karnataka Land Reforms rules provided by designated Revenue officeras Title deed for grant of land under that provision.22. What is the total area of lands in possession of the members of the vendor’s family? Did thesame ever exceed the maximum ceiling limit permitted under section 63 of the Karnataka landreforms Act 1961 and its amendment from time to time. Whether the declaration under section 66of the Karnataka Land reforms Act was filed. Is there any prohibition of alienation of holding asunder section 74 of the Karnataka land reforms Act 1961.23. Was the land got through the procedure laid down in section 77 & 78 of Karnataka landreforms Act by ways of grant to dispossessed or displaced Tenant quota or landless agriculturalLabour Quota. If so give particulars by providing FORM 11 D of the Karnataka Land reforms rules.24. Are there any other lands in possession and ownership of vendors? Please specify the detailsof survey numbers, extent, area of location nature of land.25. IF land is owned in different Khatas or is under joint share give specific share in each Khatha.If consolidation of holdings/acquisition proceedings etc., is in progress in the area whethertransfer of land is possible under state enactments.26. Whether any prior./hidden charges exists against the land, non encumbrance should be for aperiod of 12 years proceeding the date of this non encumbrance certificate.27. Are the lands subject to any levy? How much value of food grains produced by vendor duringcurrent year. (2006-2007)28. Any proceeding in any court in connection with the levy / Kandayam / Tax.29. Name of the Gram Panchayath and taxes if any payable?30. Is there any Rent / Public Charges / Road Cess / Education Cess/ Irrigaiton cess/Electricityconsumption charges / etc., regarding the lands? Please produce receipts of showing thepayments upto date.31. Are any impositions or outgoings other than the revenue Kandayam’s payable out of or inrespect of the said property? If so please specify details with upto date documents.32. Whether the land revenue receipts in custody of vendor are in tune with Annexure –1, FORM36, Rule No. 109, of he Karnataka land revenue rules 1966? Whether official seal of Taluk office isthere? Whether the vendor has verified his khatha entries with village accountant? Whether theboundaries tallies with all Documents of title and in reality? Whether any rectification deed isrequired ?33. Was the land ever subjected to any proceeding under Karnataka land revenue Act / Indianeasements Act / Land acquisition Act/ Karnataka land Reforms Act / Karnataka Inam abolitonAct / Karnataka Village office abolition Act /Indian Succession Act/ Probate & Succession Laws /Wakf Laws / and any other personal Laws and Public Laws, if so give particulars.34. Did the property ever vest in official trustee or official assignee or official receiver under theorders of any Judicial or Quasi Judicial authority?35. Did the property was ever affected with proceedings under section 145 & 146 & 147 of Criminal procedure code if so provide necessary details?36. Whether vendors were subjected to proceedings under section 125, 82, 83 & 85 of Criminalprocedure code.37. Whether any execution proceeding pending against the vendor?38. Whether any suits relating to injunction / declaration / eviction / maintenance / partition /
 
debt recovery / money claims/ pre-emption / etc, were ever made if so with what results?Whether compromised? Whether decreed? Whether pending? Whether appeal pending? If soprovide full details.39. Was the land got through the procedure laid down in section 77 & 78 of Karnataka landreforms Act by ways of grant to dispossessed or displaced Tenant quota or landless agriculturalLabour Quota. If so give particulars by providing FORM 11 D of the Karnataka Land reforms rules.40. In case of transfer of land by a member of SC & ST whether permission of the Revenue officerobtained?41. Is the property subject to or affected by any trust, Mortgage, Charge, Lease, lien, lispendens,Maintenance, Marriage Expenses, Attachment or any other encumbrance or any right easement infavour of any person or persons? Any right of pre-emption in favour of any person.?42. Whether the land in question is previously Gomal land ? Wakf property/ phut kharab, havingpublic rights.43. Is the property subject to any prescriptive rights of any body?44. Whether the land is Inam regrant lands? Whether the regrant was made on or after 9.5.2003?Whether the occupancy price under section 5(1) of Karnataka village office abolition act 1961 waspaid evidence with receipt? Whether any proceeding under section 7 of KVOA Act 1961 is pendingbefore Deputy commissioner? Whether there is any restriction on transfer of property undersection 7A of KVOA act 1961.45. Whether there is any WILL executed or WILL registered by anscestors of vendors.46. Whether the property inherited through the WILL? Whether registered or unregistered?Whether letter of probate obtained? Whether as a Hinduprobate and Succession certificateobtaining exemption claimed.47. Whether the inheritance of land through WILL /GIFT is subjected to any conditions / onerous /obligations /charges.48. Whether the inherited property is held as stridhana property?49. Produce mutation certificate along with details of documents quoted in it.50. Please produce paid up Kandayam receipts for the last 12 years, showing that no taxes are inarrears.51. What title deeds and documents will be handed over to the purchaser on completion of sale?52. Whether official death certificates about death of persons concerned with the propertyproduced?53. Names of the co-shares of the property who cannot be prima-facie seen in documents butexclusively with in the knowledge of vendors.54. Is there any defect in the title which it is not possible for the purchaser to discover orascertain by searches and enquires but which is or may be within the vendor’s knowledge orwhich the vendor may be in a position to ascertain.55. Did the vendors previously for the sale of the said property enter into any agreement with anyother party and was any earnest money received? If so what is the present position? If it wascancelled on what grounds? Was the earnest money refunded? Please produce the cancelledagreement if any.56. If vendor is selling all his property without having any other property in his name expose it.57. Whether any member of the family was given / taken in adoption?58. Whether there is any loan raised by vendors for agricultural purposes including making land fitfor cultivation, cultivation of land, improvement of land, development of sources of irrigation,raising and harvesting crops, horticulture, forestry, planting and farming, cattle breeding, animalhusbandry, dairy farming, poultry farms, and such other activities as are generally carried on byagriculturists, marketing of agricultural products their storage and transport and the acquisition of implements, vehicles and machinery in connection with such activity. If so provide details.59. Is the property affected by any preliminary acquisition notification under BDA / Railways /Telegraph Act / Electricity Act / Metro Railways / BMRDA / BMP / Panchayath schemes / Country & town Planning Act Schemes / ODP & CDP Schemes / KIADB Act schemes / either under landacquisition Act or under special Acts? Whether any objections filed to acquisition notification?Whether final notifications made or not or possession taken or not? Whether acquisition dropped?When it is dropped/ provide details of it along with any copies of notices, objections & Award

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