Certain hidden facts like pending cases, prior agreements, and 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? Also, your articles are very informative for a lay-person like me. Thank you very much.
- by Kaustav, New BEL Road, 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, 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 and with neighbours may be helpful. It would always be better to register the sale agreement and get the property registered at the earliest.