After receiving an application for First Registration, the Land Registrar thoroughly investigates the title and accordingly allocates the property to one of the following groups:
Freehold absolute
Freehold possessory
Freehold qualified
Leasehold absolute
Leasehold possessory
Leasehold qualified
Good leasehold
Freehold absolute:
The best type of available title is the absolute title. It may however be freehold or leasehold. Freehold estate is equivalent to the classic fee simple absolute in possession.. Section 5 of the Land Registration Act, 1925 states that an absolute title shall ‘vest in the person so registered an estate in fee simple in possession in the land, togetherwith all rights, privileges and appurtenances belonging or appurtenant thereto.’ The transferee takes the legal estate subject to the existing encumbrances and liens on the property in question. In most cases, the applications for the first registration of freehold property ends up as absolute titles. The decision of the registrar is final in this regard and no appeals can be preferred against his decisions. However judicial review of the Registrar’s decision is permissible.
Freehold possessory
The Registrar might issue a posessory title if he is not satisfied with the applicant’s title which can be revealed from the deeds and documents that have been annexed with the application papers. This is Almost the same as Freehold absolute possession excepting that fact that in this case, the first proprietor is held responsible for any adverse interests which exists or are capable of existing at the date of the first registration. In such a case, a warning is marked in the register. This type of cases take place in two situations:
Where the title deeds are lost or missing
Where the applicant is seeking registration based upon the adverse possession
In both the above cases, the applicant has to give a declaration stating Hoe the deeds have been lost or how the adverse possession has been claimed.
Freehold qualified
This is an exceptional situation. If there is a fault or defect in the title of the applicant, then the Registrar can issue such a title. This class of title leaves out the effect of registration any estate, right or interest arising before the creation of a particular deed, or date or some other matter mentioned in the title.
