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How to transfer the title document, please advise


08-Feb-2023 (In Property Law)
We were defendants in one of the family property dispute. Properties have now been partitioned and everyone has agreed in the court. Final Decree is on it's way but we have not made L&DO the party in this dispute. How can we transfer the Title documents in our name? How can the court direct the L&DO office to transfer the Title in our name since it was not made a party in this case?
Answers (4)

Answer #1
677 votes
It will not be practical to describe the procedure so kindly contact your local advocate so that you can avail relief... Again I would like to tell you the procedure is very technical that's why it will not be proper to discuss it on this forum once again thanks
Answer #2
586 votes
once the decree is out, make an application to the L&DO. if the L&DO refuses to transfer the title, you will need to file a separate suit. it is perhaps too late now but can make an application to implead L&DO before the final decree is out.
Answer #3
947 votes
A general warranty deed is the "safest" means of land title transfer. This document explicitly confirms the seller's right to dispose of the property and ensures that no hidden liens or encumbrances will emerge to threaten the sale. Additionally, a general warranty implicitly affirms an unbroken chain of title that stretches back to the property's original owner. If you're purchasing a new home or plot of land from a third party, it's advisable to use a general warranty deed to secure the transfer and prevent subsequent disputes.
In most cases, a special warranty is functionally equivalent to a general warranty. During a land transfer, this document affirms the right of the selling party to dispose of the property in question. It also serves as legal confirmation that the property lacks encumbrances or other defects. However, a special warranty can't make any guarantees about the prior state of a property's title. In other words, this document won't prevent a long-dormant lien or encumbrance from interfering with the new buyer's title at some point in the future. Fortunately, such situations happen relatively infrequently.
Answer #4
877 votes
kindly file an application before court to appoint local commissioner to suggest the mode of partition of the property and take other steps for conversion of leasehold rights in the land underneath the property into freehold, in pursuance to a preliminary decree for partition declaring the parties to be having 50% undivided share each in the property. so, that final decree could be passed and the same may be engrossed on the stamp parer according to the valuation of the property .The power of the Court to partition a property extends to ordering all such things which are necessary/essential for effectively, economically and beneficially partitioning the property between the parties. Further, you may file an application to join the L&DO as party to suit but then the suit has to be amended.

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

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