All India Bar Examination (AIBE) 3-III Previous Year Question Papers with Answers

The least accurate statement regarding the examination of title to immovable property is A: Examination of title to immovable property covers information available in public records but not in private records.

This is because, examination of title to immovable property may also involve accessing private records, such as wills, trusts, contracts, etc., that are not registered or available in public offices. Private records may contain important information about the ownership, transfer, or encumbrance of the property, and may affect the validity or marketability of the title. Therefore, examination of title to immovable property is not limited to public records only, but may also include private records.

The other statements are accurate regarding the examination of title to immovable property. They are:

• Examination of title to immovable property usually begins with the preparation of an abstract of title. An abstract of title is a summary of all the documents and records that affect the title of a property, such as deeds, mortgages, liens, judgments, etc. An abstract of title helps to trace the history and chain of ownership of the property, and to identify any defects or claims on the title.

• Examination of title to immovable property involves reviewing past deeds, trusts, and other encumbrances on the property. Deeds are legal documents that transfer ownership or interest in a property from one party to another. Trusts are legal arrangements that allow a third party to hold or manage a property for the benefit of another party. Encumbrances are any claims or liabilities that affect the use or value of a property, such as mortgages, liens, easements, etc. Reviewing these documents and records helps to verify the validity and completeness of the title transfer, and to determine the rights and obligations of the parties involved.

• Examination of title to immovable property seeks to reveal any defect in the title. A defect in the title is any condition that impairs or diminishes the ownership or interest in a property, such as a forged deed, a fraudulent transfer, an undisclosed heir, a pending lawsuit, etc. A defect in the title may affect the marketability or insurability of the property, and may expose the owner to legal risks or losses.

• Examination of title to immovable property aims to ascertain whether the title has passed correctly to each new owner. This means that each transfer of ownership or interest in a property has been done in accordance with the law and with due regard to the rights and interests of all parties concerned. This also means that each owner has acquired a good and marketable title that is free from any defect or encumbrance.