Whilst homes are an evergreen discipline of funding, there are men and women who search to buy property for the sake of residing too. Whichever the case is, it is only prudent to determine and ensure that the property is thoroughly legal, given the quantity of Akrama Sakrama and GPA scams which were stated within the metropolis. Here is an attempt to reply various questions that a purchaser would have in intellect.
1. Which are the documents to check before a property transaction?
There are two types of documents—important and secondary files of title. Major files of title are probably the most principal documents involving the property. They exhibit the possession history of the property being bought. One of the most secondary files of title help to corroborate the know-how acknowledged in the principal documents of title. The opposite secondary files aid the customer to determine whether or not the construct
2. General list of documents for all properties
i. Primary documents of title
• Parent deed
That is the Sale deed, gift deed, Partition deed, Allotment letter or equivalent, wherein the gift owner/owners have got the title for the property. This report can also be known as the Mula Pathra and includes the unbroken drift of the title as much as the gift proprietor. Tracing of the title must perpetually with the earliest on hand report, record or order wherein a courtroom or government or a statutory authority has given the rights to the property to its first owner. Then, records which establish the next owners of the property through an unbroken sequence of legal acts up to the present proprietor, i.e. The seller must be traced. Now and then, many of those documents could have been lost over time; in such occasions, the customer should seem on the earliest registered record on hand with the vendor and, with the support of a lawyer, hint the title as much as the gift owner. For the reason that almost all residences in Bangalore have their roots in agriculture, it's possible for the attorney to set up whether or not the property has clear titles and can be legally offered by the use of the secondary documents recounted beneath.
ii. Secondary documents of title
• Building plan sanction
In case of residences and character houses, you must have a building Plan Sanction issued by means of the BBMP, BDA or the village panchayat for houses under their jurisdiction. For vacant websites in layouts, you have got to check for the design plan sanction, issued through the plan-sanctioning authority. For builder-developed unbiased properties, aside from the layout plan sanction, you ought to have building plan sanction from the BBMP or village Panchayat, under whose jurisdiction the property falls.
the Khata certificate is issued via the BBMP, the BDA or a village panchayat in the title of the present proprietor or house owners. There is not any certain mention of the time period Khata within the Karnataka Municipal enterprise Act of 1976; that is most effective an comparison register which compiles all the important points of each and every property within the metropolis. The time period Khata is a colloquial term and actually approaches an ‘account’. Hence, the Khata is an account of every individual who owns a property in the metropolis. Every property will have a Khata. Every Khata has two materials: the Khata certificate and the Khata extract.
a. Khata certificate
A Khata certificates is bought for the registration of any new property after paying the registration fee. This certificate mentions that a exact property number ‘N’ is held in the identify of individual ‘X’. This certificate is required for making use of for a water connection, electrical power connection, alternate license and constructing license. The Khata certificates are given through the BBMP only to the proprietor of the property or to his legal heirs, and is used for the intent of paying taxes.
b. Khata extract
A Khata extract is a record issued by means of the BBMP that states the title of the property owner, small print of the property, similar to plot size, built-up discipline and so on. The owner can receive this record on cost of `one hundred/- along with a requisition letter to the Assistant revenue Officer on the BBMP’s zonal office for the discipline where the property falls. Most effective house owners can collect Khata extracts. The Khata certificate and Khata extract are unofficially together called the ‘A Khata’.
• The ‘B Khata
In an effort to comprise unauthorized layouts, sales sites and constructions developed in violation of by way of-authorized recommendations into the property tax net, a provision used to be as soon as made beneath the part 108A of the Karnataka Municipal Council Act. Below the brand new provision, the BBMP would collect property tax from such properties. The details of the property tax gathered from the form of building or condominium or web page are maintained in a separate register, referred to as the B register.
• Encumbrance certificate
The Encumbrance certificate (EC) is a record that shows the entire registered transactions pertaining to a property in a detailed time interval. It's issued by the sub-registrar’s place of job under whose jurisdiction the property falls. ECs are issued through kind 15 or type sixteen. If mortgage, sale or other deeds with respect to a property are registered within the distinctive interval of time, then type No. 15 is issued with the small print of each transaction. If there had been no registered transactions throughout the special period of time, the sub-registrar will predicament a form 16. Even as buying a property, you should insist on an EC for a interval of at the least 30 years. Though EC is important in ensuring a transparent and marketable title for the property, it does now not furnish the complete picture. Specific documents/transactions need not be registered, and these usually are not proven in the EC. Such records and transactions comprise unregistered wills, unregistered visor of legal professional, unregistered agreement of sale and unregistered mortgages. Apart from these, litigation in courts and tax liabilities are also not shown in ECs. So at the same time purchasing a property, do not rely solely on ECs for a transparent title and seem at other secondary records.
• Commencement certificate
The graduation or clearance certificates (CC) is given by means of the engineering department of the BBMP for the homes underneath construction in the city limits. Once the constructing license is received and the foundation and peripheral columns had been developed, the builder has to use for the CC. Best after a CC is issued can a builder legally proceed to assemble the entire constructing. Be aware that BBMP will not predicament an OC on completion of the constructing, if the builder had now not taken a CC at the beginning. See OC part below.
• Occupancy certificate
The Occupancy certificates (OC) is got on the finish of the construction and is proof of plan sanction compliance. As soon as the builder applies for the OC, BBMP is supposed to habits an inspection to verify that the development is compliant with the sanctioned plan. Be aware: hundreds of thousands of flats in Bangalore wouldn't have OCs and but are occupied. One motive for that is that re-sale of apartments and buildings without a OCs is just not barred. Enforcement of OC is weak.
• Compounding fee receipt
If the development varies from the sanctioned plan that is an important receipt which shows that a compounding cost has been paid to the BBMP for regularizing any deviation from the sanctioned building plan.
• Conversion certificate
This Conversion certificates (popularly referred to as DC conversion certificate) is issued by using the Deputy Commissioner. It certifies that the property has been changed from agricultural land to a residential property.
• Tax paid receipts
These are receipts issued with the aid of the BBMP, BDA or village panchayat, recording the cost of taxes for the property.
• PTCL endorsement
The purchaser can ask the builder/vendor to get a Prevention of switch of distinct Lands Act (P.C.) endorsement. Either the Tehsildar or DC can dilemma this record. That is to establish that the property is not on land granted to person/folks belonging to the SC/ST communities.
• Land acquisition
The customer can ask for an Endorsement from the special Land Acquisition Officer of the BDA, BBMP, countrywide Highways Authority of India (NHAI), the Karnataka Industrial discipline development Board (KIADB), Karnataka Housing Board (KHB), Bangalore Mysore Infrastructure hall undertaking and others, confirming that there are no acquisition courts cases underway with appreciate to the property being purchased.
• Family tree
This file shows the genealogical tree within the type of a waft chart, with the names and age of the individuals of the household of the present and earlier owners of the property being offered. It additionally indicates whether the humans stated in it are living or dead; it is licensed by the Village Accountant or the earnings Inspector.
• General power of attorney
A common power of lawyer (GPA) is a notarized report which empowers another character to behave as your legal representative. A GPA performed by a man or woman dwelling external India will have to be notarized in the country of foundation and stamped in India within 4 months of being notarized. Within India, it is sufficient if the GPA is notarized. GPA had to be registered earlier; nevertheless, the Supreme courtroom has ruled that it's enough if the GPA is authenticated with the aid of a notary public. As a buyer, you have got to make sure that the GPA is legitimate, no longer revoked and is provided by way of the character who has the legal right to offer the equal.