Investigation of Title to Immovable Property & Issuing Certificate of Title

Title to immovable property is ascertained by perusing relevant “Documents” and “Deeds” pertaining to such property. The term “Document” has very wide import. Under general law ‘document’ means any matter expressed or described up on any substance by means of letters, figures or mark for the purpose of recording that matter. The dictionary meaning of ‘document’ is “a deed, writing, inscription, that furnishes evidence. This would mean that even a piece of paper on which something is written or typed or printed is to be treated as ‘document’. With the introduction of Cyber law, electronic documents are also now legally recognised in our country as having evidentiary value.

The documents relating to property or commercial transactions are generally called Instruments or Deeds .The Indian Stamp Act defines an “ Instrument ” to include every document by which any right or liability is purported to be created , transferred , limited , extended , extinguished or recorded . A testamentary document ( eg., a Will while the testator is alive ) an Award , Decrees and Judgments of Courts, Certificates of Shares , Share Warrants ,etc are not considered as Deeds. So is the case with land tax receipts, allotment letters etc.

The object of investigations of title is to ascertain the ownership and title of a given property, in most cases immovable in nature. The attributes of ownership are , (1)right to have and to get possession ; (2) right to prevent interference by others ; (3) Power of alienation (4) liberty of using the object according to owner’s will ;(5)liberty of enjoying the fruits and to avail of the object owned ;(6) liberty of changing its form and even destroying it (.... read more)