Previous Claims Made on the Land
Identifying previous claims on industrial land is a critical part of legal due diligence, and such claims can arise from ownership disputes, financial liabilities, or regulatory encroachments. The following are common types of previous claims that may have been recorded on the land:
1. Ownership Disputes
- Inheritance or succession-based claims by legal heirs not reflected in the title chain
- Unpartitioned joint family property, leading to claims by co-parceners or relatives
- Boundary or survey disputes with adjacent landowners over overlapping or incorrectly recorded survey numbers
- Unregistered or older sale agreements or Power of Attorney transactions that conflict with current ownership
Such claims may be pending in civil courts or revenue tribunals and can be verified through court case records or mutation history.
2. Encumbrance-Related Claims
- Registered mortgage by banks or NBFCs, where the original borrower has defaulted
- Loan recovery claims under SARFAESI Act or DRT (Debt Recovery Tribunal) proceedings
- Lien or charge placed by government departments for unpaid dues such as conversion charges or tax arrears
- Pledged property under a partnership or business loan dispute
These claims are usually reflected in the encumbrance certificate, CERSAI records, or land revenue documents.
3. Tenancy or Leasehold Claims
- Long-standing tenants or lessees claiming possession rights or tenancy protection under state tenancy laws
- Verbal or unregistered lease agreements that may later be contested
- Leasehold to freehold conversion disputes in government-allotted plots
- Third-party possession based on adverse possession claims exceeding 12 years
Such claims often surface during site inspection, legal notices, or opposition in the registration process.