Transfer of ownership without prior title deed: Liability verification of property will be problematic

THIRUVANANTHAPURAM: Sub-registrars confused by High Court order that the prior title deed is not mandatory to transfer possession of a property. Even if the property is mortgaged in a bank, the same property's ownership can be transferred if the document is declared lost and a notary's attestation is obtained. The prior title deed was strictly asked to avoid such manipulations.

The sub-registrars are also responsible for ensuring the correctness of the records of the property being transferred under the responsibility of 'Title Deed Enquiry'. There is an earlier provision in the Malabar region that prior title deed is not mandatory when the tenants establish ownership of possessions given to them by landlords with possessions over the legal limit. This is also due to limitations in ascertaining whether the basis of possession is a leasehold right or an ownership right. Such transfers were registered in the Malabar region under names like 'Kanam Theeradharam' and 'Verum Pattam Theeradharam'.

A prior title deed is mandatory if a property is to be pledged in a bank or any other financial institution for a loan. This is to ensure that there are no liabilities on the property. The current High Court order has not clarified this matter either.