Investing in land and
buildings requires huge sums of money. Therefore, every purchaser of immovable
property has to be very careful and take all precautions to protect his
interest and to make doubly sure that the vendor has good and
marketable title and the property is free from encumbrance.
There
are various documents which would provide vital information as to whether a
property in question is free from encumbrance and the vendor has good and
marketable title. Upon going through these public documents available in the
Sub-registrar's office, search reports are prepared andsuch search reports contain information as to whether the property in question is encumbered or not and
the vendor possesses a clear and marketable title or not. Search reports are
prepared by advocates upon verification and confirmation from the concerned
authorities as to genuineness of the documents.
Search
report gives a summary of the ownership details of a property and changes in
ownership that have occurred from time to time including existing or not of any
charge or encumbrance over the property. The search reportdiscloses if there is any existing mortgage, litigation, or claim which mayadversely affect the title of the property. Search reports are prepared upon verification of the property
documents for the last 30 years. It would be in the interest of the buyers that
they insist on production of search report before executing the 'agreement to
sell' with the property developers or with the owners of the property.
The
search report does not display the defects in the title to the property or any
transactions that have not been recorded in the Sub-registrar's office. If any document is not registered with the sub-registrar's office itcannot be mentioned in the search report.
Commercial
banks do insist on production of search report before granting any advance or
loan for purchase of any property. For availing a housing loan from a banking
institution, it is a pre-requirement that the title of the property of the
present owner should be clear and marketable. Usually banks do not finance any
encumbered property or if the property is under legal dispute, as it would reduce their security and increase their exposure to risk. Thismeans the seller should be genuine and the actual owner of the property. The property should not be under any dispute or litigation. The
charges for search report is nominal and is included in the processing and
administration charges by the bank to sanction and disburse the loan.
This process ofobtaining the search report gives security to the buyer. It assures the purchaser that the title of the property which he
plans to buy is good and there won't be any problems at a later stage because
of any pre-existing charges, encumbrances or legal contentions on the property.
Several
problems associated with urbanization such as overcrowding, contaminated water,
air pollution, poor sanitation and
other such issues that concern the environment have now come to surface. The
three issues of solid waste management, e-waste management and tree cover
remain neglected as the years go by. Bangalore is one of the leading e-waste
generator States in India. According to environmentalists more than 1,000 different toxic
substances are present in e-wastes that are injurious to the environment and to
people. There are harmful heavy metals such as mercury, cadmium, nickel and
copper in this e-waste. A large number of these metals are cancer- producing
and may have an effect on the human nervous system. The very fact that no
regulations exist and neither does any scientific system of disposal of e-waste
is frightening.
Civic authorities in Bangalore have estimated that almost 2,500
tones of solid waste is produced every day besides industrial waste in the
city. Environmentalists say that it could be even 3,500 tones. According to an Environmental Its increasing commercialization has led toevery purchased object being packed in packaging material and about60-70% ofthis turns into solid waste. Municipal waste consists of a large
component of packing materials, paper, plastic, cloth, metal, glass and organic
matter from households, commercial setups and markets. Hospitals too generate
waste which needs to be attended to.
Only 20-25 per cent of the solid waste produced gets to be
recycled. The environmentalists say that the Municipal Solid Waste(Management and Handling) Rules 2000 are not enforced or
implemented in its totality and the work of segregating solid waste is handled
in an unorganized manner. Those who have a stake in this have not been trained
or built in their capacity.
Not
only this, with the growth of the city cutting of trees for the purpose of road
widening, construction of new buildingsetc has become rampant. Around 40,000 trees are estimated to be
cut in future to widen 95 roads which amounts to 400 km in length. Policy
makers, environmentalists, institutes, organizations and the public are
confronted with these challenges and an ever lasting solution may emerge soon.
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