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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.

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

QUESTIONS

Q:- There are two houses in a compound. I am staying in the house which is behind my cousin's. To reach the road we have been using the passage that runs through my cousin's property for more than 25 years. He sold his property to another person without our knowledge and the new owner is obstructing our passage to the road. There is no other alternative route to the road. What shall we do?

Q:- 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?

Q:- What is the procedure for Khata transfer and the actual cost to transfer the Khata. How do we know that the Khata transfer certificate is original?

Q:- I am not able to understand the difference between Khata Certificate and Khata Extract. Would you please enlighten me on this?  Could you also brief me about the importance of Encumbrance Certificate?

Q:- My son wants to purchase a plot near Horamavu, but on verification of CDP map, the plot was found to be in green belt area. I have been advised that non-agriculturist is not eligible to purchase agricultural lands. The present owner assures me that the problem can be solved by registering the land in Sq, fts. Instead of guntas. My father is a farmer. Many such transactions have taken place. Can my son purchase this land and construct a house. There are also chances of land being notified by BDA, in that case what are the consequences?