Property Document Verification Advocate in Andheri / Mumbai
Advocate Aniket Nerurkar (Advocate High Court)
7738377352 / 9768135352
Property Agreement Verification involves Title Search of Property from the Sub-Registrars office, Giving Public Notices to check any claim and checking all chain of Agreements.
The investigation/verification process involves investigation of chain of agreements by taking TITLE SEARCH REPORT from sub-registrar office manually and also through online process.
Title search verification of 30 to 40 years is one of the process of checking the title of any immovable property alongwith the Index 2.
Other process of checking the title of immovable property is to check the property papers from SUCCESSION and INHERITANCE point a view. If a person has expired, first question to be asked for the person selling the immovable property is whether the person or seller of immovable property expired by executing an WILL or died INSTESTATE. If the person has died intestate the law of succession will apply. There are different Succession laws for different religions. For Hindu there is HINDU SUCCESSION ACT, for Christians there is INDIAN SUCCESSION ACT and for MUSLIMS -MUSLIM PERSONAL LAW.
If the person has expired with a WILL duly executed then as per HINDU SUCCESSION ACT the “WILL” has to be PROBATED. In Christians and in Muslims the WILL need not to be compulsorily probated. But in Muslim the effect of will is only 1/3rd and 2/3rd goes by Succession. If the property is owned by H.U.F, then it’s the moral duty of the purchasers advocate to advise the seller/s to make all the coparceners party to agreement for sale and the Karta has to mention in it the reason behind sale of property. If only KARTA sells the Immovable Property and does not distribute the sales consideration then the Coparceners an file case against the Karta and the purchasers property will be at stake.
In case of Purchase of Property by our client, where nominee is claiming to sell the flat then in that case it’s Advocate’s moral duty to make all the legal heirs party to the agreement as sellers, as nominee is just a CARETATEER and has no right to do any act of ownership like sale of flat etc.
In this Case it is advisable for the Purchaser, to ask for the SUCCESSION CERTIFICATE or LETTER OF ADMINISTRATION or LEGAL HEIRSHIP CERTIFICATE from the seller before entering into a Registered Agreement for Sale or a Sale Deed. If only one of the legal heirs is dealing with the Purchaser then it is advisable that the seller sells his property after executing a DEED OF RELEASE and getting the ownership rights released of that Releasor.
Deed of Release is registered under Article 52 of the MAHARASHTRA STAMP ACT
Difference between Gift Deed and Release Deed is :
Gift Deed is given by the owner who has self-owned or purchased a property or has acquired it through Probate. Gift Deed is under Article 34 of the Maharashtra Stamp Act. The Gift Deed is compulsorily to be registered under Section 17 of the Registration Act. Any property transfer above Rs. 100/- which creates right in the property has to be compulsorily registered. Gift Deed is executed by the owner of the property i.e, who has purchased the property and not by that person who has acquired it by inheritance.
Release Deed is done among the legal heirs of the deceased. The Releasor and the Releasee of the Release Deed have inherited ownership rights of the deceased. Its Registered under Article 52 of the Maharashtra Stamp Act. Release Deed needs to be compulsorily registered under Section 17 of the Registration Act if the release of the inherited ownership right is more than Rs. 100/-. Release deed is a transfer of inherited ownership right from one legal heir to another legal heir.
In TITLE VERIFICATION/INVESTIGATION inheritance is a very important aspect to be checked.
Legal Expertise in:
- Title Verification and Investigation of IMMOVABLE PROPERTIES
- Drafting of Agreements like Sale Deed, Agreement for Sale, Release Deed, Gift Deed, Power of
Attorney etc.
- Registration of Agreements like Sale Deed, Agreement for Sale, Release Deed, Gift Deed, Power
of Attorney etc.
- Legal Advisory on Succession Laws and MOFA
- Property Disputes Cases/Litigations
- Expertise in Maharashtra Stamp Act, MOFA, MCS Act
- Legal Advisory on MHADA and SRA matters
- Drafting of WILLS
- Probates, Letter of Administration and Legal Heirship Certificates, Succession Certificates
- Legal Advice in Writing on matters of MCS Act, Maharashtra Stamp Act, MOFA, Hindu Succession
Act , Indian Succession Act
- Litigations relating to PROBATES , SUCCESSION LAWS, MOFA, NOMINATIONS
- DEEMED CONVEYANCE – acquiring ownership rights in the name of co-operative housing society
- RERA (Consultation and Litigation)
- Release Deed Drafting
- Gift Deed Drafting
- Registration of all kinds of Property Agreements
Get In Touch
For any legal assistance or query, contact us on the below mentioned details.
Contact Details
Phone: +91 7738377352 / 9768135352
