Model Form Of Requisition On Title & Answers Deeds Agreement For Sale 1497 Legal Draft Template
| Category | Deeds Agreement For Sale |
| Format | Rich Text |
| File name | Model Form of Requisition on Title & Answers-Deeds-Agreement For Sale-1497.rtf |
Effortlessly craft professional legal documents with 500+ industry-standard templates and refine them using DraftPilot - your AI drafting copilot. Seamlessly upload, review, and compare multiple existing drafts side-by-side.
DraftPilot - GPT-powered editing under LegalDraft Studio · also part of your AI Studio plan Browse & download templates free - DraftPilot requires login + AI Studio
Industry-standard template for reference. Adapt it with DraftPilot (AI copilot), compare clause-by-clause in our comparison workspace, or download and edit offline. Consult a qualified advocate before filing or execution.
Draft Preview
Model Form of Requisition on Title & Answers
Questions
Answers
Please produce paid-up Municipal rate bills or receipts for the last 12 years, showing that no taxes are in arrears.
(a) Is the property vacant or in the occupation of anybody? Any other person, if any, interested in the property who is in actual possession of the property (vide Exp. 11 of s. 3 of the Transfer of Property Act 1882).
In the latter event, under what right is he in occupation thereof?
If the property is held by virtue of a lease, please state all particulars of the lease and produce the rent receipts.
Have all covenants and conditions of the lease been observed and performed? In case of any continuing breach necessary steps should be taken for its remedy.
Any notice received from the landlords regarding any complaint in respect of the property.
(3) 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 of easement in favour of any person or persons?
Questions Answers
Any right of pre-emption in favour of any person?
Is the property subject to any prescriptive rights of anybody?
Is the property affected by—
(i)
any scheme of acquisition of the Calcutta
Improvement Trust, C.M.D.A. or Tube Railway?
(ii) any scheme of alignment of the Corporation of Calcutta or any other scheme under the
Municipal Act?( iii) any notice under the Land Acquisition Act?
(iv)
Any notice under the Calcutta Metropolitan Planning Area (Use and Development) of Land Control Act (W.B. Act XIV of 1965)?1
Are any requisitions of the Municipality or
Corporation subsisting in respect of the property
including notice re. unauthorized construction,
demolition, encroachment, etc.?Are any impositions or outgoings other than the Municipal rates and taxes payable out of or in respect to the said property?
If so, please state the amount thereof and to whom they are payable and produce receipts, challans,
dakhilas or other documentary evidence showing payment up to date.
(8) Is there any defect in the title which it is not possible for the purchaser to discover or ascertain by searches 1 Although named as the Calcutta Metropolitan Planning Area (Use and Development) of Land Control Act which received the assent of the Governor
on 17th June 1965, the State Government, in exercise of the power conferred
under sub-sec. (1) read with sub-sec. (2) of s. 4 may by Notification in the
Official Gazette, extend its application to any area throughout the State of West Bengal except the Cantonment as declared under s. 3 of the Cantonments
Act 1924. These areas are called "controlled areas" where no construction or
development is permitted without the permission of the Controller. The Calcutta
Metropolitan District extends to the west and east banks of the River Hooghly.
The Act has now been extended to the District of Canceling which is now
declared a controlled area (vide Notification No. 6259-T&C.P. 3a-1/6711 dated 22.10.75). In the result no construction shall be made and development undertaken without the written permission of the Controller who is the Deputy Commissioner of Darjeeling.
Questions
Answers
and enquiries but which is or may be within the vendor's knowledge or which the vendor may be in a position to ascertain?
(9) Was any agreement entered into by the vendor
previously for sale of the said property to any other
party and was any earnest money received? (See s. 91 of the Indian Trusts Act as to acquisition of the property with notice of an existing agreement. Also see s. 92).(i) If so what is the present position with reference to such agreement? (ii) If it was cancelled,
(a) on what grounds?
( b ) was the earnest money refunded?
Please produce the cancelled agreement, if any.
Note:
If the vendor sells all his properties without any exception the person entitled
to maintenance will be deprived of their resources. So it is prudent to issue an advertisement inviting claims and objections to such a sale and to make
the dependants particularly the wife of the vendor a party to the sale in case
the vendor has no other property or properties.
(10)
(a)
Who are the persons entitled to maintenance
against the property under the Hindu Adoption and Maintenance Act 1956?
(b)
Any suit for maintenance touching or concerning the property. Any portion of the property occupied separately in lieu of maintenance.
Please produce income-tax clearance under s. 230A of the Indian Income-tax Act.
Who are the persons in actual possession of the property and under what rights?
Are there any public rights, easements or any restrictive covenant affecting the property?
Which title deeds and documents will be handed over to the purchaser on completion of sale?
Did the property ever vest in Official Trustee or Official Assignee?
Have all roads or streets abutting on or traversing the property been taken over by the local authority?
Are there any outstanding charges for street works, sewers etc?
Questions Answers
Official certificates about the deaths of persons concerned with the property.
Whether any member of the family was given in adoption?
Whether any widow is in possession of any portion of the property in lieu of maintenance? 2
Any execution proceeding pending against the vendor?
In view of the fact that the purchaser as well as his
solicitor desire to complete the transaction with as much expedition as possible, these requisitions are sent before
completing the necessary searches and enquires. The right to make further requisitions arising from the result thereof and from the answers to the above requisitions is therefore reserved.
Purchaser's Solicitors Vendor's Solicitors
Special Requisitions in Case of Sale of Agricultural Land
Questions Answers
What is the total area of land in the possession of the vendor? Are they all in his khas possession and also under personal cultivation? Are they situated in irrigated or non-irrigated area? Are there any bhagchase in the property?
In case the lands are held since before the acquisition of the interest of intermediaries under the Estate Acquisition Act 1953 have the vendor submitted return in terms of s. 6 of the said Act? Did the vendor file any return in Form No. 10 of the West Bengal Land Reforms Act 1955 (see r. 15A of the West Bengal Land Reforms Rules 1965)? If so, please produce a copy of the same for my inspection. Old rent receipts granted by zamindars are to be produced.
Who are the person or persons actually cultivating the lands and the nature of products? Was there any proceeding or report to the Bhag Chase Board in connection with the land? Any person other than the owner cultivating the same not being a member of his
2 Ram Kumar v Amar 52 All 572.
Questions Answers
family. [Vide West Bengal Land Reforms (Amendment) Act 1977. Amended s. 21B of the Act],
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 the Estate Acquisition Act and its amendments from time to time. Are they also benamdars of the vendor or real owners?
Are the lands subject to any levy? How much paddy is delivered by the vendor? Please produce the relevant papers in that connection.
Any proceedings in the High Court in connection with the levy under Art. 226 of the Constitution of India?
(6) Was the land ever subject to any proceeding under the Bengal Restoration of Alienated Land Act (Act XXIII of 1937) or the West Bengal Acquisition and Settlement of Homestead Land Act (W.B. Act XV of 1969)? If
so give full particulars.Name of the Gram Panchayat and taxes if any payable.
Mutation certificate of the J.L.R. rename of the vendor.
(9) Names of the co-sharers in the jama (they have right of pre-emption under s. 8 of the West Bengal Land Reforms Act 1955).
(10) What is the amount of rent and public charges e.g. road cess, education cess, etc. in respect of the lands?
Please produce receipts showing payments up to date.
Corresponding C.S. Khatians are to be produced for inspection.
(11) In cases of transfer of land by a member of the Scheduled Tribes, permission of the Revenue Officer. (Chapter IIA of the West Bengal Land Reforms Act 1955).