Thursday 3 September 2015

TITLE DEEDS OF IMMOVABLE PROPERTY


Transfer of immovable property by sale, gift, exchange, inheritance, Will, etc is a very natural phenomenon. Out of these various modes, sale involves payment of consideration (purchase price) and every purchaser hopes to get perfect absolute title.

But the seller cannot pass on a better title than what he has; any defects in his title will also pass on to the purchaser, but purchaser having paid considerable amount wants a perfect unencumbered marketable title. 

Scrutinizing the title deeds of the concerned property is the foremost and mandatory exercise required to be done by the intending purchasers advocate before negotiating and entering into any kind of agreement with the vendor. Apart from having possession, whether physical or constructive, clean and marketable title, free from all kinds of encumbrances is very important. The advocate shall also ascertain the genuiness of such title deeds produced for scrutiny. However, there is no yardstick to trace out the title, rather depends upon the diligence and application of mind of the advocate in logical way.

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