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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 uncovered, and what should a purchaser do to protect himself against these factors?

- by Siddappa, 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 Urban Development Authorities, BDA, BMRDA, KIADB, 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 be always better to register the sale agreement and get the property registered at the earliest.


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


Q:- What is the difference between ‘Earnest Money’ and ‘Advance’ in Agreement to Sell?

Q:- What is meant by Defect Liability period in  a construction agreement?

Q:- I have taken some land on lease for 99 years and had con¬structed a multistoried building. The lease deed contains a clause. "Cannot assign, Underlet or sublet or part with the possession of the demised property without the previous permission of the lessor". The lease deed provided for construction of building, I have given portions of the building on leave and license to various busi¬nessmen. The lessor has issued a notice demanding subletting charges from me and has also marked the copies to licensees demanding to pay the subletting charges. What is the remedy? Can the lessor institute legal action against me and other licenses?

Q:- In connection with the purchase of a plot in a township on Mysore Road, I have paid major portion of the sale consideration to the developer. But the developer has not completed even half of the work and the progress work is unduly slow for various personal reasons of the builder. I have lost interest in the plot because of this. Please advise me how to get back my money with interest from the builder?

Q:- My wife and my children have thrown me out of the house because of some difference of opinion. I purchased a site and constructed a house there on out of my own funds and presently, they are enjoying this property. Can I Sell this house in occupation of my wife and children? Will they claim their share in the property?