Monday, 19 February, 2007

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)

36 comments:

  1. has this rule come into effect? if not when will it come into effect?

    can someone help me with this information?

    ReplyDelete
  2. This Rule talks about only marriages between Indian citizens. What about marriages between foreign nationals of Indian origin, Persons of Indian Origin (PIO), or a foreign national who is not of an Indian origin?

    According to the gazette notification, the Panchayat Secretary is the Marriage Registrar.

    Can a person approach him to solemnize or register a marriage?

    ReplyDelete
  3. This Rule talks about only marriages between Indian citizens. What about marriages between foreign nationals of Indian origin, Persons of Indian Origin (PIO), or a foreign national who is not of an Indian origin?

    According to the gazette notification, the Panchayat Secretary is the Marriage Registrar.

    Can a person approach him to solemnize or register a marriage?

    ReplyDelete
  4. This Rule talks about only marriages between Indian citizens. What about marriages between foreign nationals of Indian origin, Persons of Indian Origin (PIO), or a foreign national who is not of an Indian origin?

    According to the gazette notification, the Panchayat Secretary is the Marriage Registrar.

    Can a person approach him to solemnize or register a marriage?

    ReplyDelete
  5. When you post a comment and expect a reply, please leave your email id/ basic details etc too!!

    ReplyDelete
  6. Registration of marriage is made compulsory following
    a direction by the Hon.Suptreme court of India.As per
    the proctice now prevalent in India, most marriages
    take place according to the personal law of the
    individuals concerned.Christians have Christian
    marriage; Moslims have Moslim marriage, Parsis have
    Parsi marriage etc etc.Karriages conducted under the
    Special marriage Act alone are at present registered
    with the civil authorities.
    Records of other marriages are maintained by the
    authority where the marriages take place, example,
    Church, Mosque,Mahal etc.Intead of that, the Supreme
    Court has directed that all marriages after
    solemnisation are to be registetred with the civil
    authorities just like birth and deaths are
    registetred.Just as there is a Registrar of births and
    deaths, an authority designated as Registrar of
    marriages is to be constituted and the duty enjoined
    on the Regsitrar is not solemnisation of marriages but
    only registration of the marriages already
    solemnised.Once this Rule is implemented certificates
    issued by the Marriage Registrar alone will be
    recognised as prooof of marriage.
    It is pertinent to note that Supreme court has
    recently sent reminders to State Giverments seeking
    confirmation regarding the implemntaton of the
    Rule.Even in Kerala the Rule is not yet implemented
    due to some oppostion from some sections, but the
    Minister has reciterated that the Rule will be soon
    implemented.
    Indian Nationals of foregin origin can solemnise their
    marriage according to their personal law and if the
    marriage is solemnised in India it can be registered
    under the new Rule.Remeber, the Rule pertains to
    registration of marriage alone and not to
    solemnisation of marriage.

    ReplyDelete
  7. what is the maximum acre of land a individual and a family can hold as per the kerala goverment act. can we hold 15 acre of land. if not possible, what is the possible way to hold 15 acres of agricultural land.

    ReplyDelete
  8. what does the term "SarkarPattam" in the section of "Tenure" signify?

    ReplyDelete
  9. Significance of SarkarPattam" in the section of
    "Tenure" :

    Sarkar means 'Goverment'; Pattom means 'Lease" ; so
    sarkar pattom would mean that the property belongs to
    the Goverment and has been leased out to the person
    now in possession.Such properties are not
    'saleable'ie., cannot be transferrred.

    ReplyDelete
  10. I have a question regarding purchase of property. I intend buying a flat in a four storied house. There is one flat on each floor. This house belonged to a lady and after her death in 1965passed on to her legal descendents. The partition of the property was executed in May 2008 whereby each floor along with equal portion of land went to a legal descendent. I have seen the origianl partition deed. However the original deed whereby the lady had purchased the land in 1961 is missing. I have only a photo copy.

    Is it safe to purchase the flat? Can the house be partitioned in absence of the original land deed?

    ReplyDelete
  11. can a husband or wife cancel or withdraw the application for registration of marriage with in the 30 days notice period and how if possible?
    shinto76@gmail.com

    ReplyDelete
  12. About new laws in power of attorney.
    I am heard that now if you want to give a power of attorney to an out sider you have to pay the registration charge equivalent to the sale price ( I mean the stamp duty).
    Is this sustainable by law?
    If I want to give my power of attorney to 2 persons then I have to pay registration charge equivalent to double the sale price!!! The law does not prohibit to give POA to more than 2 person. Please comment.
    Preman preman.kochi@gmail.com. 944-740-4203

    ReplyDelete
  13. IS THERE ANY TIME LIMIT TO GET POSSESSION CEERTIFICATE OF LAND FROM VILLAGE OFFICER.

    CAN I GET THE POSSESSION CERRTIFICATE APPLICATION FORM ALONGWITH POTOSTAT COPY OF THE REGD TITLE OF THE LAND ALONGWITH THE COURT FEE STAP WORTH RS.5/-

    ReplyDelete
  14. For transfer of ownership of immovable property (by will of deceased owner) require the physical presence of the beneficiary, or will signed application with all relevant documents suffice?
    premilanair@gmail.com

    ReplyDelete
  15. It seems Anonymous is referring to transfer of name in the revenue records.For this the Will with death certificate of the deceased along with an application by the legatee
    ( beneficiary) is sufficient.Physical presence at the Village Office/office of the Local Authority is not mandatory).
    When a testator ( maker of the Will) dies transfer of ownership is instantaneous and automatic.What remains to be done is mutation/chenge of names in the land tax register kept at the Village office and property ( building) tax register at the concerned Panchayat/Municipalitty/Corporation Office if buildings are also subject-matter of the Will.

    ReplyDelete
  16. Reply to comment: Power-of-Attorney :
    State Governments have the power to regulate and fix stamp duty on various Instruments that are chargeable with Stamp Duty. Government of Kerala accordingly revised the Stamp duty payable on Power-of-attorneys and stipulated that if the power-of attorney is for (i)sale of immovable property and if it is (ii) not in favour of one's father, mother, wife, children, brothers, sisters, stamp duty has to be paid as in Sale Deeds.Here it is only a reasonable discrimnination. Only in relation to Sale of immovable property this rule applies.Here again the close relatives mentioned above are excluded. Hence there is no legal discrimination in this matter and is fully sustainable in law.
    You are free to give power-of attorney in favour of more tham two persons. But is power to be given includes the power to sell immovable property stamp duty at the revised rate are to be paid if the attormeys are persons other than close relatives mentioned above.

    ReplyDelete
  17. We are settled in Delhi and the marriage take place in Kerala 12 years back. There is any online/postal system in registering the marriage without going personally to Kerala for this purpose.

    ReplyDelete
  18. I went to Cheriyanad Panchayat for Register my marriage.The reg.authority said to me ,they have no circular form Dist level or State level.What i do?The officials are least bothered about the commen peoples needs and wants.

    ReplyDelete
  19. Meet the District Panchayat Officer or the District Collector

    ReplyDelete
  20. I found this site using [url=http://google.com]google.com[/url] And i want to thank you for your work. You have done really very good site. Great work, great site! Thank you!

    Sorry for offtopic

    ReplyDelete
  21. DEar Sir,

    My problem is I am at Saudi Arabia and my wife in Kerala.without my physical presence how could I register my marriage?

    for some officaI purpose I need the marriage certifcate soon.
    Pls advise

    Murali Krishnan

    ReplyDelete
  22. Sir
    Kindly clarify these doubts
    1. I got married 25 years back
    2. It was only a casual register marriage in another district.
    3. only that document is with us as a proof.
    4. my wife is totally in bed rest after a surgery.she can only travel after two months.
    What shall we do? is the certificate issued by MP/MLA (FormII)etc is enough for the registration, if so we can go to our panchayath office which is near to our home. otherwise we have to travel more than 60 Kms.
    please give directions.

    ReplyDelete
  23. Hi,

    I got married in 2005 and marriage was held in a temple. We have got a marriage certificate from SNDPyogam and signed the temple register also. We did not register the marriage in Panchayat. In 2009 Aug, my wife left me (for many reasons including infidilty and adultery) and since I have been living alone.

    My question is this, is my marriage is legal in view of the new act? I am asking this because I am unable to find her to talk about a mutual divorce...

    Pls help

    D

    ReplyDelete
  24. I am registered my marriage at district registrar office.
    If their any need to register under the new act?

    ReplyDelete
  25. Sir
    waiting for your valuable reply urgently for my query on 4th feb.2010.28th is the last date. Please clarify.

    ReplyDelete
  26. @Shaj: You wrote that you got married 25 years ago , ok. Then you say 'it was a casual register marriage' in another District'. You have not made it clear as to the particular formality you had gone through for becoming man and woman. You can get your marriage registered under the new Rule only if your marriage was proper in the eye of law. Please note that the new law is for registering marriage that has taken place in any one of the modes approved under the Indian law. The approved marriages are : marriage under special Marriage Act; marriage solemnised by Ministers of Church or Marriage Officers for Christians; Marriages under Koranic law for Muslims; marriages solenised by Hindus under traditional Hindu Law etc. Only such marriages can be registered with the Local Authority ( Panchayat, Municipality/Corporation). If you marriage was 'casual' one and the proof of your marriage is an Agreement written on stamp paper and registered before a Sub-Registrar it was not a proper marriage and if so you have to go through the formality of marriage once again. If your marriage was under Special Marriage Act you do not have to register your marriage again.

    ReplyDelete
  27. Implimentation of this rule is good,But also think about the family staying overseas long period,with small childrens,and also studying,itis difficult to reach with in specified time. So registration open in online and it is more helpful for oversease families.And also consider attested marriage certificate from Indian Ambases in each countries for helping late commers from overseas for Marriage registeration

    ReplyDelete
  28. i am living in Abu Dhabi since 4 years.I got marriage at April 2008 but not yet registered at the respective Panjayath.I wnat to know,can i registered if i sending the related document attesting by the Indian Embassy at Abu Dhabi? Also i would like to bring my family to Abu Dhabi.When they will comming,is there(Indian Airport)any problem without the registration of marriage.i hope your responds.Give me the responds as soon as possible..?

    ReplyDelete
  29. Dear Mr. Mathew,

    Would you be aware if the Kerala government has notified in remission in the stamp duty applicable to securitisation transaction in Kerala. The Kerala Housing and habitat policy had stated that the government would reduced stamp duty on securitisation of residential mortgage-backed securitisation (RMBS) to 0.1%. This could be a very significant move and (finally) in line with the rest of the country. Any update?

    ReplyDelete
  30. Dear Mr. Mathew,

    I got married 6 years back in a church as per the existing rules and now, I wanted to have a marriage certificate from the civil authorities. I am working in UAE. So, what are the procedures to get the certificate and how long will it take in an avaerage? Is my physical presence required for the procedures? Please do help me.This is required for me to bring my family here.
    Thanks in advance for your help.
    Regards
    Liju

    ReplyDelete
  31. I purchased a plot in urban area in 1991.I didnot take possition and didnot mutated till date and unknown person construst a home on that before 06 years e.g in 2005.Can I get mutation fron revanue office and take possition through court.

    Rakesh

    dhaka.rakesh@yahoo.com

    ReplyDelete
  32. Its confusing reading all content. I'm getting married on Nov 6th, 2011. Bride is from North India and I'm from Kottarakara. Marriage will be heldat Kottarakara. My friends are saying you can get marriage certificate only from court and not from Panchayat..I'm confused. Also they say I need to apply for registration one month before marriage so that I get my marriage certificate in time. I'm staying in USA. I will be in Kerala from Oct 26th to Nov 22th, 2011. Please advise. Thanks Madhu

    ReplyDelete
  33. Sir,
    I am from Trivandrum. I can't register my marriage before 45 days limit. Now the problem is, Trivandrum Corporation office staff want two certificate from Guzetted officer etc (form No.2) But as per the info from you, I only need one certificate. What I can do in this matter, Please help me.

    ReplyDelete
  34. I would llike tt marry a girl. No issues with girls parents, issue from my parents.. How much time it will take to get the certificate. what all are the documents required for the certificate. Is that possible for us to register any registrar office in Kerala.

    ReplyDelete
  35. sir we have a property in kerala of my husband and he is no more and my children are minor.I don't have enough money for children's education and in-laws are not supporting.Without our knowledge they have rented out the property and are taking the rent themselves .Will legal notice help in solving the matter? If not, what shall i do? We don't have money to file case against them.They don't want to give/sell our property.

    ReplyDelete

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