TYRE India Ltd proposed to buy a piece of land on the outskirts of a city to put up their factory. You are appointed as a PCS to prepare a search report for the said property. What are the factors to be considered in the
CS Professional · Secretarial Audit, Compliance Management and Due Diligence · PYQS · December 2021
TYRE India Ltd proposed to buy a piece of land on the outskirts of a city to put up their factory. You are appointed as a PCS to prepare a search report for the said property. What are the factors to be considered in the search report?
Answer & Explanation:
A Property Title Search is the process of retrieving the history of a property right from the original owner of the property to the current owner over a period of time. It provides documents which help determine relevant interests in property of the owner and other individuals, if any. It is mandatory for a developer to annex a copy of the report in the 'agreement to sell' with the intended purchaser. This document will state if there is any existing mortgage, litigation, condition or claim, which is likely to affect the title of the buyer adversely. Property Title Search includes: Ownership: Status of ownership- sole or joint and the documents stating the same. Deed Copy: Recent deeds in respect to the property. Legal Description: Description of the property in legal parlance. Chain documents: Previous owner of the property. Possession: Actual Possession of the property. Right of way: Easementary Right - the Right of way given to the owner. Leases: Leases on the property which can affect the property status. Mortgage: Whether the property has been mortgaged or not. Tax Payment: Details of tax payment in relation to the property. Bankruptcy Search: Report of bankruptcy of the owner of the property. Municipal Service Lien: Report of unpaid municipal dues like water, sewer, trash etc. Property Restriction: Restriction on sale of property like sale in case of unsound owner. Plot Map: Official copy of Map of the plot. Property Zoning: Property lying under which zone like Ecological Zone, Flood Zone, Earthquake Zone etc. Civil Court Record: Any order of the Civil Court against the property. and other things like Spousal Support Lien Search, Child Support Lien search, Power of Attorney, Special Assessment etc.
Topics: Due Diligence
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