Legal Opinion - Basics (Part - I)

It's been long time since I posted in this Wall and I never seem to get time to fill my thoughts, I am dumped. Its time to unpack the things dumped in my mind, so that I can refill with new things. What is all about??????

I have been learning the basics and drafting of Legal Opinion relating to Property matters for past 8 months. I learnt as many things I could learn out of each Opinions while drafting. Drafting is considered to be the key feature while practicing law. Everyday has been a lesson and I thought of sharing them all with you.

When someone asks you to give a Legal Opinion as to whether the property has clear and valid title, in such case you have to go through various documents. Below mentioned are the Documents which you need for verification of the Title. Let me explain it step by step:

1. Parent Documents:

              Parent documents are those documents that explains you the past history of the property your are going to purchase or which you own. Basically, these might be some 30 - 40 years back, sometimes 10-15 years back. It depends upon each property. For eg. if your grandfather owns a property and dies intestate, then in that case the property devolves on your father or mother. Later, it might be yours also. In this case, the documents owned by your Grandfather and then your father or mother, it goes on and on until you sell it someone and handover them the documents. These older documents becomes the Parent Documents. 

How can you trace out the Parent Documents?

          By reading a Sale Deed or Deed of General Power of Attorney or Sale Agreement etc.... pertaining to the property you can reveal the History of the property if it is well drafted. A good and simple draft will let you know the property. Drafting matters in the Deeds for better understanding of the property. The recitals of the Deeds tells the pre history of the property and its document no. etc. which helps us to find the Origin of the Property. 

2. Present Documents:

              The documents by which you start owning the property are the present document. Property conveyed or transferred from the Seller to you as a Purchaser conveys that you are the Owner of the Property. 

3. Village 'A' Register:

              This is one of the Revenue Record pertaining to the property. Every Village for that matter not the villages which we mean, but every area or jurisdiction where property is situated is known as Village in the Deeds. And every such village has a Tahsildar Officer who records the name of the Purchaser. 

4. Patta, Chitta and Adangal (Or) TSLR:

               Patta, Chitta and Adangal. Patta is known as the authentic record that tells you that you are the right owner of your property. For that matter, you need to approach your particular Tahsildar Officer to replace your name in the place of your Seller. Once Patta is issued by the Tahsildar, then Chitta and Adangal corresponding to that Patta are issued by the Village Adminstrative Officer. 

What if my property falls out of the City limit and inside the City limit?

           If your property falls outside the city limit i.e outside the particular cities Corporation, then you need to apply for Patta, Chitta and Adangal in the Tahsildar Office. If the property falls within the City Limit, then you need to apply Town Survey Field Register (TSLR). 

4. Tax Receipts:

             Wherever the property is situated, our Government will tax it !!!! If it is a Vacant Land, then you need to pay the Vacant Land tax and if the property is a building then you need to pay property tax and its corresponding Water and Sewerage Tax up to date in the Purchasers name. 

5. Layout Approval:

            If your property is a Plot, then in that case you need to check whether it is approved or unapproved layout. If it is an unapproved layout then, you can individually apply for your plot. There are lot of unapproved plots being sold these days. 

More to come in Part - II