Various aspects to be scrutinized in Title Deeds

            1. While perusing title deeds care must be taken to know whether the vendor derives absolute title to convey in favour of the intending purchaser.  If the title deeds confer only a life interest or life estate, meaning hereby only a right to enjoy the property till his life time, the vendor cannot transfer absolute title. 

            2. It should be found out whether the title deed stipulates any condition to the intending vendor to derive absolute title to the property.  If there are such conditions the same would be a bar to derive title to the  property unless the conditions are fulfilled.

            3.It is absolutely necessary that the vendor should have derived absolute rights to encumber and alienate the property before professing that he is the absolute owner.  In order to transfer such absolute rights to encumber and alienate the following terms are usually used in a title deed “The purchaser, his heirs, executors and administrators hence forth can enjoy the schedule mentioned property with absolute rights of encumbrance and alienation forever”.

            4. While perusing the title deeds containing the description of properties the following important factors are to be enshrined in the schedule of property:

             I.      Registration District

          II.      Registration Sub District

       III.      Revenue District

       IV.      Name of Taluk

          V.      Name of Town or Village

       VI.      Name of the Street ( If it is house/shop )

    VII.      Door No. ( If it is house/shop )

 VIII.      Survey No.

       IX.      Sub-division No.

          X.      Town Survey No.  ( If the property is situated in Town )

       XI.      Total Extent and the extent actually sold out of the total extent

    XII.      East-West Measurement and the North-South Measurement ( If it is vacant site, house or Shop )

 XIII.      Boundaries on all four sides

 XIV.      Kist Amount ( If it is Land )

    XV.      Market value

 XVI.      If it is a bylane where the property is situated details thereof and also of access

XVII.      Easement of right of way

XVIII.      Well right or share thereof in the well and the baling apparatus like “( Kavalai  and kavalaibari )

 XIX.      Installation of Electric Motor and its horse power E.B. Service connection No. and deposit details.

    XX.      Channel right

 XXI.      Mode of irrigation  ( Like Lake irrigation )

XXII.      Details of trees and plants.

            While purchasing property, the purchaser must demand and obtain the original documents of title.  If the vendor represents that the original title deed was lost the intending purchaser must be very careful because the intending vendor could have created a mortgage by deposit of title deeds under an unregistered memorandum of title. The existence of a mortgage by deposit of title deeds cannot be detected through encumbrance certificate because such a mortgage can be created under an unregistered deed.  Such a lurking danger is there in the case of such representation like loss of the original title deeds.

            There are certain exceptions under which the original title deed cannot be parted by the vendor.  For instance, if the vendor derived title under a registered partition deed and if he is selling a fraction of share of his property he is not expected to part with the original partition deed.  Moreover all the sharers in a partition deed cannot be expected to possess the original because normally the eldest member of the joint family would possess the same. when the vendor sells only a fraction of the whole property which he had purchased under a sale deed, he would not hand over the original sale deed to the purchaser.

            In the above circumstances, xerox copies duly notarized can be kept in the place of the original document of title.  However care must be taken to ascertain about the availability of the original title deed with the vendor.

            In this context, it is pertinent to point out that nowadays, the Registrar Office issues first copy, second copy etc., of the original partition deed containing the original signatures of the parties concerned.  Each copy in engrossed on a Rs.20/- stamp paper and each copy is considered as the original.  This facility helps all the sharers to possess an original partition deed.

POSSESSION OF PROPERTY

            After scrutinizing the title deeds to find out whether the vendor has got title to the property he intends to sell, his possession of the said property is to  be ascertained because he should be in a position to hand over vacant and peaceful possession of the property to the purchaser.  If a person purchases a property from a person who does not possess the property he may derive title but not immediate possession.  Possession is of two kinds:-

(1)   Actual Possession

(2)   Constructive Possession

If the vendor personally enjoys the property like cultivating his land or residing in his house, his possession is said to be actual possession.  Suppose the vendor has leased his property he is in constructive possession of the property.  When a person purchases a site or house, it is always advisable to insist on vacant possession.  For, after purchase he may find it difficult to vacate the lessee or tenant and getting vacant possession through the process of law would be costly and time-consuming.

PATTA AND CHITTA EXTRACT:-

            In order to find out whether the vendor has got possession of a land certain documents like Patta or Chitta extract will have to be scrutinized.  Patta is a document issued be the Revenue Department  after ascertaining the possession of the property by particular person and the pattadhar is presumed to be in possession of the property.  Paat book was given to the holders of lands some time back in 1970’s the revenue department was issuing Patta books in various colours like red, yellow and green.  In 1980’s a scheme called “Updating Registry Scheme” (UDR) was formatted   by the Tamil Nadu Government under which revenue officials conducted a survey and as certained the actual holders of lands to whom Patta under the UDR scheme was granted.  The said scheme was started on 01.06.1979 and terminated on 30.04.1987.  Chitta extract gives particulars like patta number, extent, levy of revenue and patta holders name. Now-a –days such books are not issued.  On the other hand patta is easily obtained on-line by getting a print out of the same on payment of a nominal fee’s which is very useful for the land owners.

Kist (Land revenue):-

            Patta is issued to a person by the revenue authorities main by to fix the person from whom land revenue is to be collected.  On payment of Kist during every Fasli year a receipt is issued by the V.A.O. (Village Administrative Officer).  The Kist receipt would reveal the patta number, the revenue amount collected and also the period (Fasli year) for which the amount is collected.  The Kist  receipt does not disclose the Survey Number of the land but only the Patta Number.  On the contrary Patta would contain Patta Number which comprises the various lands.  Therefore a combined study of Patta or Chitta extract with the Kist receipt would vouch safe for the possession of a particular land.

“A” Register Extracts:-

            “A” register is maintained in respect of lands which reveal the details of the new Survey Number, Old Survey Number classification details like Ryotwari, Dry or Wet, Soil details “Taram, Rate, Extract, Kist and the pattadars name”.  The “A” register extracts is perusal mainly to ascertain the correlation between Old Survey No and New Survey No.  In the remarks columns, it is revealed whether the land in poromboke, Irrigated by well or River, Lake etc.,

“SUB-DIVISION” Extracts

            When a land in a particular Survey Number owned by several peoples, Sub-Divisions are affected and Sub-Division numbers are given in the Patta.  While granting an order for sub-division and insurance of separate patta normally the Tahsildhar or Deputy Tahsildhar passes such Orders under proceedings.

“ FMB ” Extract

            A Revenue  Department prefers and preserves field measurements books revealing the Topography of a land in a particular Survey number with all sub division details.  The various lands and several Survey numbers situated in a village can be seen in a Field Measurement Book ( FMB ).  In the FM Extract for a particular Survey Number.  We can see the various Sub-Divisions, the existence of house, well, foortpath, and cart truck besides the measurement for each sub-divisions.

            In respect of vacant sites situated in Municipal Town Villages, a book called Survey Field Register (SFR), the extracts of which can be obtained from Taluk Office as well as Municipal Office.  In the said extracts would reveal the extent of property old and new Town Survey Numbers and the pattadars name.  The said extracts is usually issued, with the enclosures containing the field sketch.