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Certain hidden facts like pending cases, prior agreements, government notification of the property cannot be traced easily by verification of the documents. How can these hidden factors be uncov¬ered, and what should a purchaser do to protect himself against these factors?

- by Kashyap, Bangalore

Generally seller hands over the copies of property documents to the purchaser to examine the title. Such documents contain only title documents, which may be cross checked in sub registrar’s office. But they do not disclose, any pending litigations, prior agreements which are not registered and government notifications.. Purchaser should be cautious and search records at Jurisdictional Courts to rule out the possibility of pending cases and also in offices of  Urban Development Authorities (BDA, BMRDA, KIADB, highway and other planning authorities, etc) to rule out the acquisition notifications.

It would be difficult to verify any existing prior agreements which are not registered. Proper enquiries with owner of the property, with neighbours may be helpful. It would always be better to register the sale agreement and get the property registered at the earliest. Paper notification of the intention of purchase of particular property would help the purchaser to a certain extent.


These are all the legal questions answered by Advocate S.Selvakumar in various magazines, in various occasion including realestate reporter monthly.