BEFORE VERIFICATION OF TITLE:-

In these days Advocacy with several people has lost its credibility by screening papers with
defective title as passed. The title needs verification by keeping in mind several litigatory aspects,
legal and factual positions, document words, boundaries in all previous mother deeds and present
title deed etc.,

DOCUMENTS NEEDED
1. RTC relating to survey number.
2. Mutation register extract showing how khatedar got the land.
3. Title deed and parent deeds.
4. Encumbrance certificate from Subregistrar office for minimum 30 years or as may be suggested
afterverification of available documents.
5. G Tree from previous two generations sworned to before village accountant/ secretary.
6. Old RTC/ Phanies as may be required after verifications of other documents.
7. Old M.R.Extracts as may be required after verification of other documents.
8. Note : Familly settlement deeds/ panchayathi palupatties/ partition deeds are not DOCUMENTS
OF TITLE.
9. Village survey map along with particular survey number lands survey sketch.
10. Certificate from Assistant Commissioner office stating land is not covered under any
restrictions under Karnataka Land Reforms act, Land Grant Rules and Karnataka PTCL Act.
11. Certificate from LAO of the subdivision stating There is no acquisition proceedings in respect of
the survey numbers.
12. Upto date tax paid proof, ID proof of sellers etc

NOTE: NEED OF DOCUMENTS DIFFERS IN EACH CASE

INVESTIGATIONS of TITLE:

1. Survey number
2. Village / hobli / taluk / dirstict
3. Whether any irrigation tank beside the land?
4. Whether any public drinking water source around the land?
5. Whether any reserved forest or natural stream around the land?
6. Whether any public path roads passing inside the land?
7. Are they situated in irrigated or non irrigated area?
8. To which class the vendors land whether it is A,B,C,D as specified in schedule 1, part A, of
Karnataka land Reforms Act. 1961
9. What is the total area of land in the possession of the vendor?
10. Are they all in his Khas possession and also under personal cultivation? Or who are in actual
possession and under what rights?
11. Are there any bhag chase (varakke kodu)in the property?
12. Who are the person or persons actually cultivating the lands and the nature of products?
13. Whether any person other than the owner cultivating the same not being a member of
owner’s / vendor’s family.
14. Please produce paid up Kandayam receipts for the last 12 years, showing that no taxes are in
arrears.
15. Is the property vacant or in the occupation or habitation of any body? Under what rights any
habitations were found?
16. Are any requisitions of the panchayaths subsisting in respect of the property including notice.
Unauthorized constructions, demolition encroachment, etc.?
17. Whether the vendor has filed FORM No7 under Karnataka land reforms Act? If so please
produce a copy of the same for any inspection. Old rent receipts granted by zamindars are to be
produced.
18. Was there any proceeding before the land tribunal or orders of land tribunal or appeal over
the orders of land tribunal regarding the property?
19. Is there any notice under section 84 of the Karnataka land reforms Act 1961 for failure on the
part of vendors from non cultivation of land for two years or more.
20. If the land is begotten as a tenant under Karnataka land Reforms Act? Produce the final orders
passed under section 48A by the Tribunal? Verify with affidavit that non alienation period of 15
years was completed from date of Tribunals order to specific date. Also verify with affidavit that
there is no appeal pending against the orders of Tribunal in any higher courts. Produce, FORM
No:- 10 in Rule 21 of the Karnataka land Reforms Rules 1962.
21. Whether the land is granted under section 77A of the Karnataka land Reforms Act, If so
produce FORM 11ccc of the Karnataka Land Reforms rules provided by designated Revenue officer
as Title deed for grant of land under that provision.
22. What is the total area of lands in possession of the members of the vendor’s family? Did the
same ever exceed the maximum ceiling limit permitted under section 63 of the Karnataka land
reforms Act 1961 and its amendment from time to time. Whether the declaration under section 66
of the Karnataka Land reforms Act was filed. Is there any prohibition of alienation of holding as
under section 74 of the Karnataka land reforms Act 1961.
23. Was the land got through the procedure laid down in section 77 & 78 of Karnataka land
reforms Act by ways of grant to dispossessed or displaced Tenant quota or landless agricultural
Labour Quota. If so give particulars by providing FORM 11 D of the Karnataka Land reforms rules.
24. Are there any other lands in possession and ownership of vendors? Please specify the details
of survey numbers, extent, area of location nature of land.
25. IF land is owned in different Khatas or is under joint share give specific share in each Khatha.
If consolidation of holdings/acquisition proceedings etc., is in progress in the area whether
transfer of land is possible under state enactments.
26. Whether any prior./hidden charges exists against the land, non encumbrance should be for a
period of 12 years proceeding the date of this non encumbrance certificate.
27. Are the lands subject to any levy? How much value of food grains produced by vendor during
current year. (2006-2007)
28. Any proceeding in any court in connection with the levy / Kandayam / Tax.
29. Name of the Gram Panchayath and taxes if any payable?
30. Is there any Rent / Public Charges / Road Cess / Education Cess/ Irrigaiton cess/Electricity
consumption charges / etc., regarding the lands? Please produce receipts of showing the
payments upto date.
31. Are any impositions or outgoings other than the revenue Kandayam’s payable out of or in
respect of the said property? If so please specify details with upto date documents.
32. Whether the land revenue receipts in custody of vendor are in tune with Annexure –1, FORM
36, Rule No. 109, of he Karnataka land revenue rules 1966? Whether official seal of Taluk office is
there? Whether the vendor has verified his khatha entries with village accountant? Whether the
boundaries tallies with all Documents of title and in reality? Whether any rectification deed is
required ?
33. Was the land ever subjected to any proceeding under Karnataka land revenue Act / Indian
easements Act / Land acquisition Act/ Karnataka land Reforms Act / Karnataka Inam aboliton
Act / Karnataka Village office abolition Act /Indian Succession Act/ Probate & Succession Laws /
Wakf Laws / and any other personal Laws and Public Laws, if so give particulars.
34. Did the property ever vest in official trustee or official assignee or official receiver under the
orders of any Judicial or Quasi Judicial authority?
35. Did the property was ever affected with proceedings under section 145 & 146 & 147 of
Criminal procedure code if so provide necessary details?
36. Whether vendors were subjected to proceedings under section 125, 82, 83 & 85 of Criminal
procedure code.
37. Whether any execution proceeding pending against the vendor?
38. Whether any suits relating to injunction / declaration / eviction / maintenance / partition /
debt recovery / money claims/ pre-emption / etc, were ever made if so with what results?
Whether compromised? Whether decreed? Whether pending? Whether appeal pending? If so
provide full details.
39. Was the land got through the procedure laid down in section 77 & 78 of Karnataka land
reforms Act by ways of grant to dispossessed or displaced Tenant quota or landless agricultural
Labour Quota. If so give particulars by providing FORM 11 D of the Karnataka Land reforms rules.
40. In case of transfer of land by a member of SC & ST whether permission of the Revenue officer
obtained?
41. Is the property subject to or affected by any trust, Mortgage, Charge, Lease, lien, lispendens,
Maintenance, Marriage Expenses, Attachment or any other encumbrance or any right easement in
favour of any person or persons? Any right of pre-emption in favour of any person.?
42. Whether the land in question is previously Gomal land ? Wakf property/ phut kharab, having
public rights.
43. Is the property subject to any prescriptive rights of any body?
44. Whether the land is Inam regrant lands? Whether the regrant was made on or after 9.5.2003?
Whether the occupancy price under section 5(1) of Karnataka village office abolition act 1961 was
paid evidence with receipt? Whether any proceeding under section 7 of KVOA Act 1961 is pending
before Deputy commissioner? Whether there is any restriction on transfer of property under
section 7A of KVOA act 1961.
45. Whether there is any WILL executed or WILL registered by anscestors of vendors.
46. Whether the property inherited through the WILL? Whether registered or unregistered?
Whether letter of probate obtained? Whether as a Hinduprobate and Succession certificate
obtaining exemption claimed.
47. Whether the inheritance of land through WILL /GIFT is subjected to any conditions / onerous /
obligations /charges.
48. Whether the inherited property is held as stridhana property?
49. Produce mutation certificate along with details of documents quoted in it.
50. Please produce paid up Kandayam receipts for the last 12 years, showing that no taxes are in
arrears.
51. What title deeds and documents will be handed over to the purchaser on completion of sale?
52. Whether official death certificates about death of persons concerned with the property
produced?
53. Names of the co-shares of the property who cannot be prima-facie seen in documents but
exclusively with in the knowledge of vendors.
54. Is there any defect in the title which it is not possible for the purchaser to discover or
ascertain by searches and enquires but which is or may be within the vendor’s knowledge or
which the vendor may be in a position to ascertain.
55. Did the vendors previously for the sale of the said property enter into any agreement with any
other party and was any earnest money received? If so what is the present position? If it was
cancelled on what grounds? Was the earnest money refunded? Please produce the cancelled
agreement if any.
56. If vendor is selling all his property without having any other property in his name expose it.
57. Whether any member of the family was given / taken in adoption?
58. Whether there is any loan raised by vendors for agricultural purposes including making land fit
for cultivation, cultivation of land, improvement of land, development of sources of irrigation,
raising and harvesting crops, horticulture, forestry, planting and farming, cattle breeding, animal
husbandry, dairy farming, poultry farms, and such other activities as are generally carried on by
agriculturists, marketing of agricultural products their storage and transport and the acquisition of
implements, vehicles and machinery in connection with such activity. If so provide details.
59. Is the property affected by any preliminary acquisition notification under BDA / Railways /
Telegraph Act / Electricity Act / Metro Railways / BMRDA / BMP / Panchayath schemes / Country &
town Planning Act Schemes / ODP & CDP Schemes / KIADB Act schemes / either under land
acquisition Act or under special Acts? Whether any objections filed to acquisition notification?
Whether final notifications made or not or possession taken or not? Whether acquisition dropped?
When it is dropped/ provide details of it along with any copies of notices, objections & Award
notices.
60. Whether the land has any heavy electricity transmission cable or poles over it provide
necessary details of it.
61. Whether the land has any under ground water pipe line/ Electric Transmission cable/
Telegraph cable/ Gas pipeline / or private water pipe line under permission. If so specify with
details.
62. Are any requisitions of the panchayaths subsisting in respect of the property including notice.
Unauthorized constructions, demolition encroachment, etc.?
63. Whether any advertisement inviting claims and objections to such a sale is made and steps
taken to make dependants particularly the wife of the vendor a party to the sale in case the
vendor has no other property or properties.
64. Who are the persons entitled to maintenance against the property under the Hindu adoption
and maintenance Act 1956?
65. Whether any suit for maintenance touching or concerning the property. Any property occupied
separately in view of maintenance.
66. Are there any public rights, easements or any restrictive covenant affecting the property? If so
specify details with consequences.
67. Are there any public rights, easements or any restrictive covenant affecting the property? If so
specify details with consequences.
68. Whether the Kharab portion of land in the property is used for public purpose or occupied by a
road or recognized foot path or lines in the middle of the land or used for a burial or funeral
ground by public or is it a Gokatte or whether it is cultivated by vendors by paying his usual
assessment.
69. Whether there is any disputes regarding boundaries in the office of surveyor? Produce
certificate from survey office that there are no entries in FORM No. 14 of Rule 50 of the Karnataka
land revenue Rules 1966.
70. Is there any arrears of royalties / Water rates/ cesses / charges / fees / apremia penalties /
fines payable to state government for use or occupation of land or water or any product of land or
is their any arrears to the state or central Government under any other law for the time being in
force which can be recovered as an arrear of land Revenue from vendors? If so specify details.
71. Investigation under Income Tax Act 1961. (Please investigate whether provisions of S. 230 A
and chapter XX-C of the IT Act 1961 have been complied with and whether any acquisition
proceedings under S.222, chapter XX-X have been initiated against the immovable property, if
any acquisition proceedings etc., are pending or have been finalized. Please give full details
thereof along with the necessary documentary evidence. Please also advise whether any prior
permission of the concerned assessing officer under s-281 (1) is required for any transfer (by way
of sale, mortgage, gift, ex-charge or any other mode of transfer whatsoever) of the immovable
property.

A SWORN STATEMENT BY THE SELLER ABOUT THE INFORMATION PROVIDED BY HIM IN

THE COURSE OF INVESTIGATIONS:

Affidavits required from party

1. Swearing to facts about his G-tree

2. Swearing to facts about his income whether Individual or HUF
3. Swearing to facts about, whether he has filed his property
investment details with Income tax authorities or not
4. Swearing to facts about, EC, that he has properly verified it
personally
5. Swearing to facts, that he has not made any hand loan
arrangements with private parties.
6. Swearing to facts that there is no pending disputes or adjudicated
disputes regarding the property.
7. Swearing to facts about the nature of present possession of the
property
8. Swearing to facts that there are no members of his family who can
claim legal maintenance/partition/ charge over the property?