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Tittle to be checked for how many years to purchase a property


18-Oct-2023 (In Property Law)
V r buying an apartment. It's built on land purchased as 3 parts. V have the flow of titles clear from 1928. But EC for 1 of those 3 parts is available only from 2004. For other 2 parts it's available from 1989. I want know from how years shud v see the titles & for how many years shud the EC be available to say it as legal?
Answers (3)

Answer #1
673 votes
Sir in your sale deed there may be recital with regard to earlier transaction. I hope builder have all the documents. In case if the dont have please check the Encumbrance. Normally alienation period is 12 years. Please confirm that is any alienation or any charges on these property during this period.

Apart from that you discuss with your owner and request him to provide earlier document of tittle deeds. that is that mother deed.

As you told it was from 1928 you may get reference in the Sale Deed and other agreement with the owners in respect of the transaction.
if possible contact any pleader near to you

Answer #2
532 votes
Usually encumbrance certificate are obtained for a period from minimum 13th to 30 years.
30 years is ascertained because any individual can claim ownership of a Government land if he is in uninterrupted peacefull possession for more than 30 years. Same is applicable against an individual for a period of 12 years.
Answer #3
595 votes
Require dacuments to buy apartment 1. Title scrutiny of the land: It's important to verify whether the owners of the land have clear and marketable titles. 2. Agreements between landowner/s and developer/builder: Some landowner/s build the apartment complex using their own resources. However, other landowner/s enter into a joint development agreement with a developer/builder wherein the development of the land and construction of the apartment complex would be undertaken by the developer/builder and the landowner/s' contribution to the project would be the land itself.
3. Approvals and sanctions: A purchaser has to ensure that a project has obtained all requisite approvals and sanctions. 4. Sale Agreements, Construction Agreements, and Sale Deeds: Normally, a sale agreement is entered into between the owner, the developer, and the prospective purchaser, wherein the landowner/s agree to sell an undivided share of land.5. Formation of an apartment owners association: It is mandatory for all apartment owners to form an apartment owners' association as per the provisions of the Karnataka Apartment Ownership Act, 1972.

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