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).