DOCUMENTS TO BE PRODUCED AT THE TIME OF REGISTRATION

(Advocates, Property advocates in Bangalore, Property lawyers in Bangalore)

At the time of registration of the properties,various documents are required to be produced at the Sub-Registrar's office. List of such documents may vary on the basis of the nature of the property. In general, the following are the classifications of documents, which are required to be produced at the time of registration:

An affidavit stating the transaction is not violative of the provisions of Sec22A of Indian Registration Act.

Extract of the assessment Register for the purpose of valuation of the property.

If the property comes within the limits of Corporation Khatha Certificate, Katha Extract and Latest Tax paid receipt.

Form No.1 prescribed under Karnataka Stamp (prevention of under valuation)Rules

Permanent Account No (PAN) issued by Income Tax Department or Declaration in Form No.60 or 61 if the value of the property to be registered exceeds Rs 5lakhs and where payment is made completely or partially in cash.

Agricultural land:

The sale and purchase of agricultural land has many restrictions and as such many documents conforming to the requisites are required for registration, which are mentioned below:

Two copies of affidavit stating that the transaction is not violative of Sec22A of Indian Registration Act.

Two copies of affidavit about owning agriculture lands.

If the property is granted land or of occupancy rights NOC from Tahsildar Declaration under section 81 A of Land Reforms Act.

Form no.1 prescribed in Karnataka Stamp (Prevention of under valuation)

Permanent Account No (PAN) issued by income Tax Department

Declaration in form 60 or 61 if the value of the property to be registered is more than Rs 5 lakhs and where payment is completely or partially through cash. 

 'J' Form

Purchaser's pahani

Copy of the RTC pertaining to the Property to be registered

Apartments:

The following are the documents required to be produced before the Sub-Registrar, at the time of registration of an apartment.

Katha pertaining to the total land.

Tax paid receipt for the total land.

Plan sanctioned by the Competent Authority.

Floor Plan.

Form no.1 prescribed in Karnataka Stamp (Prevention of under valuation)

Two copies of affidavit stating that the transaction is not violative of Section 22 A of Indian Registration Act.

Stamp Duty and Registration Charges:

Stampduty required to be paid for the property coming within the limits of Corporation or a Municipality is 8.96% on the total sale consideration mentioned in the Sale Deed or on the Market Value of the property, whichever is higher. For the properties that falls beyond the limits of Corporation or CMC, the Stamp Duty required to be payable is 9.04%.

Registration charges payable for the registration of the properties, irrespective of its nature is 1% on the sale consideration or the market value, which ever is higher.Apart from the above, Scanning charges has to be paid, which may generally be between Rs.400 to Rs.800.

Scanning of Documents:

After Telgi Scam, usage of Stamp Papers is prohibited in Karnataka. In alternative, 2Rupees Document sheet is made available to the public issued by the Government Department, who will have to take print out either in such Document sheets or can also use white paper for the same. At the time of presenting such document for registration before the Sub-Registrar, details about the Vendor/s, Seller/s, stamp duty and registration charges required to be paid, will be recorded in the computer, along with the photos of the Vendor/s, Seller/s and Consenting Witness/s, if any. Further, name of the person identifying the Vendor/s will also be recorded in the computer. Subsequently, print out of all the details of the Vendor/s, Seller/s and Consenting Witness/s, if any recorded in the computer, along with their signatures, will be taken on the back side of the Sale Deed and after the Sub-Registrar signs on such sale deeds, details about the document number, CD No and other relevant details will be stored in the Sub-Registrar’s Office.

Registration of the documents opposed to the public policy:

The Government of Karnataka has declared that registration of certain documents is opposed to the public policy, which are listed below:

Agreement to sell, sale, gift, exchange, mortgage lease or assignment of which occupancy rights have been granted under Chapter III of Karnataka Land Reforms Act 1061, in contravention of restrictions imposed under Section 61 of the said act and relevant rules.

Any agreement to sell, sale, gift, exchange or otherwise of land in excess of ceiling limits prescribed under Section 63 or 64 of Karnataka Land Reforms Act and in contravention of Section 74 of the said act and relevant rule

Agreement to sell, sale, lease, mortgage with possession or otherwise of any agricultural land to a person, family, joint family with an assured annual income of Rs.40 lakhs or more from non agricultural source in contravention of section 74 of Karnataka land Reforms Act and relevant rules.

Agreement to sell, sale, lease, mortgage with possession or otherwise of any agricultural land to educational, religious, charitable institutions, society, trust,company, association other body of individuals, cooperative society other than cooperative farming society in contravention of section 79B of Karnataka land reforms Act subject to exceptions provided.

Agreement to sell, sale, gift, lease, mortgage with possession or otherwise of any agricultural land granted under Karnataka land grant rules subject to restriction imposed on sale, transfer and specific use imposed there under.

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