THE TITLE SQUARE GAZETTE

1. Why Exactly 30 Years? (The Limitation Act Dimension)

Under the Indian Limitation Act 1963, claims against government properties and adverse possession suits often hinge on a 30-year timeline. A 30-year search ensures that any past mortgage, unregistered charge, partition among legal heirs, or court attachment created within this generation is surfaced before you sign a registered sale deed.

2. Inspecting Sub-Registrar Book 1 & Index II

Every physical Sub-Registrar Office (SRO) maintains legal registers:

• Book 1: Register of non-testamentary documents relating to immovable property.
• Index II: Property-wise ledger indexing plot numbers, khasra numbers, and all registered transactions against them.

3. The Chain of Title (Mother Deeds)

A clear title requires an unbroken link of ownership: from the original allotment (or partition) to the first buyer, then to the successive sellers, culminating in the current vendor. If even one link (e.g. a succession deed or probate) is missing, the buyer’s ownership remains defective.

1. Never Buy Eksona Land Without Government Conversion

In Assam, an Eksona Patta is merely an annual lease from the revenue department. It grants no permanent transfer rights. Selling Eksona land without getting it officially converted into Myadi (Periodic) Patta is illegal, and registration cannot be legally sustained.

2. Chapter X of Assam Land and Revenue Regulation 1886

Notified Tribal Belts and Blocks across Kamrup Rural and Metro circles (such as parts of Sonapur, Azara, or South Kamrup) impose severe transfer restrictions. Land within these belts can only be transferred to notified protected classes of citizens. Any transfer to an ineligible buyer is void ab initio.

3. Dharitree Portal Verification

Assam's Dharitree land portal displays updated Dag numbers, Patta numbers, and Pattadar names. However, physical mutation field orders by the Circle Officer must be audited to verify that no pending revenue caveats or ceiling excess claims exist.

1. The Empanelled Advocate Mandate

Under RBI prudential guidelines, banks cannot disburse loans against equitable mortgage without a certified Title Search Report (TSR) and Non-Encumbrance Certificate (NEC) signed by an advocate empanelled with the respective bank panel.

2. Common Reasons Loan Files are Flagged

• Missing Prior Deeds: Absence of the original registered Mother Deed from 20 years ago.
• Unclear Mutation: Seller has a registered deed but their name was never mutated in local municipal/revenue records.
• Minor’s Undivided Share: Ancestral property sold without obtaining permission from the District Court under the Guardians and Wards Act.
• SARFAESI Liens: Existing charges registered with CERSAI (Central Registry of Securitisation Asset Reconstruction and Security Interest).

1. The Suraj Lamp & Industries Judgment

In Suraj Lamp & Industries Pvt Ltd vs State of Haryana (2012), the Supreme Court ruled unequivocally: SA/GPA/Will transactions do NOT convey title and do NOT amount to transfer of immovable property under Section 54 of the Transfer of Property Act.

2. Risks of Holding GPA Property

A Power of Attorney is merely an agency document. If the original grantor dies or revokes the GPA, your authority lapses automatically. Furthermore, national banks strictly refuse home loans or mortgages on GPA properties.