TIPS FOR PURCHASERS OF IMMOVABLE PROPERTY

(Advocate S Selvakumar|Property advocates in Bangalore|Property lawyers in Bangalore)

1.Invest your hard-earned cash in comes promoted by renowned developers having proved journal.Don’t glide by shiny brochures or attractive advertisements.Don’t believe the words,‘Financial establishments approved Projects’.

2.Check up the documents with a experienced Advocate.Make sure that the documents of title of the property you propose to get are clear. Defective title can produce issues at any purpose of your time.

3.Continually choose a property, that contains a resale worth.

4.Make sure that the building has been made as per the sanctioned arrange and any deviation is inside the allowed share and it's not during a low-lying space or during a crammed up water body.

5.You’ll continually rope within the services of a reputed land agent and fix his commission well earlier.

6.Purchase the property during a developing space.The worth of land can appreciate.

7.If you like a ready-to-occupy Flat, find it off the most road on a large street with adequate water supply off from slums,cinema hall,wedding hall, open drain, factories,place of worship however not terribly aloof from faculty, college, industrial advanced, temple and hospital.

8.If you purchase the Flat/Building below construction,visit the work web site frequently and see the work progress.

9.You’ll not be a Vaastu believer,however purchase House or Flat or land that's Vaastu-friendly from merchandising purpose of read.

10.If anybody offers flats/sites for a less expensive rate than the prevailing market rate, there is also bound hidden issues.Thus you must be extra-ordinarily careful on windup of such a property.    

     

11.Make sure that the developer has Clearance Certificates from government departments, viz., Electricity Board, Water and sewage Board, etc.. 

12.Commencement Certificate and Occupancy Certificate square measure different important documents that square measure necessary whereas shopping for the flats. 

13.Check up the genuineness of the documents with the involved authorities in person.

14.Guarantee Agreement for sale and Sale Deed, punctually sealed, dead and registered square measure in your possession. Each ought to contain honest clauses for each the parties.

15.Just in case of flat purchase, specification of the building, as well as material used, distinction between the carpet space and also the super settled space square measure the necessary factors to come to a decision the speed.Different facilities like Club House, pool etc., also can ought to be thought-about.

16.Check whether or not there's adequate water and healthful line facility.

17.In case of measure group action make sure the validity of measure.

Documents required

The Documents needed for scrutiny of the Title can vary in every case. Normally the subsequent documents are needed to verify the title deeds of the property.However,supported these documents, any documents will be needed to return to conclusion.

Documents needed for purchase of BDA property (formerly CITB)

1. Allotment Letter.

2. Receipts against payment of site value.

3. Lease-cum-Sale Agreement.

4. Possession Certificate.

5. Absolute Sale Deed

6. Khatha certificate from the BDA

7. Tax paid receipts from the city Development Authority.

8. Khatha Certificate from the bangalore Mahanagara Palike(if it comes below Corporation Revenue Jurisdiction.

9. Tax paid receipts from the bangalore Mahanagara Palike.

10.Encumbrance Certificate from the date of allotment to the date of possession.

11.Re-allotment Letter / re-conveyance Deed if property re-conveyed by the BDA.

12. Documents to prove why BDA re-conveyed the property.

Documents needed for purchase of regenerate Revenue Lands

1. Conversion Order issued by the Dy. Commissioner

2.Conversion quantity paid Receipt.

3. RTCs for thirty years issued by the Village accountant

4. Tax Paid Receipts issued by the Village accountant

5. Documents of possession

6. Mutation Register Extracts

7. Agarband/Tippani/Podi Extracts

8. Surveys/Boundary Map

9. Village Map

10. Nil tenancy Certificate

11. Confirmation from the competent authority that there are no acquisition proceedings.

12. Lay-out arranges Approval by the competent authority.

13. Khatha Certificate issued by the Revenue authority.

14. Latest Tax Paid Receipts

15. Encumbrances for the last thirty years

16. Validity of the power of attorney

17. Zonal Regulation Map.

Documents needed for purchase of Agricultural Land

1. Origin of the Property

2. Flow of Title

3. Mother / Parental Deeds

4. Index of Land and Records of Rights

5. Grant Certificate e if any / Saaguvali invoice

6. RTC/Phani extracts for the last thirty years

7. Relevant Mutations / Extract

8. Endorsement from competent Authority confirming that there's no acquisition proceedings.

9. Village Map

10. Survey map

11. Agarband, Tippani, Poddi Extracts

12. Relevant Sale Deeds.

13. C.D.P. plan relating the world.

14. 79 (A) & (B) Certificate below Land Reforms Act.

15. Land court Order, if any.

16. Certificate for modification of survey variety, if any

17. Nil abidance Certificate

18. Latest Tax Paid receipts.

19. Encumbrance Certificate for last thirty years.

20. Family tree of the seller

21.Endorsement from Tahsildar that the land doesn't fall into “Grant” or “Inam” class.

22. Phani of the customer

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property advocates in Bangalore

RIGHT OF INFORMATION ACT - BOON FOR PROPERTY MATTERS

(Advocate S Selvakumar|Property advocates in Bangalore|Property lawyers in Bangalore)

After feverish deliberations, the correct of data Act of 2005 finally got the nod in each the higher and lower house of the Parliament. The Act came into result from twelfth of Oct 2005. With this, the law is currently valid and applicable for the complete country no matter any state. This Act proves as an excellent windfall to the property hectic because the building connected documents that couldn't be procured simply from the govt. departments viz. Taluk workplace, Corporation workplace, Sub-Registrar workplace, Survey Department, Assistant Commissioner’s workplace etc., will currently be got, studied and verified well before embarking on any project. 

This Act may be a blessing in disguise for the voters of the state. If used properly, this could act as a weapon to bring down the corruption level to a naught. Unnecessary to mention, corruption is rampant in our country everyplace, especially, Government departments and Municipal companies. It’s a best-known fact that unless the officer’s are bribed, nothing works. Right from very cheap level to the highest level officers, the bribe gets distributed so solely the work could progress with none hindrance.The citizen is greatly disturbed and distressed by these deeds however he may be simply a mute spectator. However with the enactment of the correct to data Act, there's a bright ray of hope as this Act offers power and paves the method for the honest national or a builder to induce his files cleared if there's any undue delay.

Right of Information:

At the first, allow us to perceive the many aspects of this legislation.Section 2(j) of the aforesaid Act defines the correct to data. 

‘Right of Information’ is that the right to amass data accessible beneath the Act that is commands by or beneath the management of any public authority and includes the correct to –

a) Inspection of work, documents, records

b) Taking notes, extracts or certified copies of documents or records

c)  Taking certified samples of fabric

d) Getting data within the type of diskettes, floppies, tapes, video cassettes or in the other electronic mode or through printouts wherever such data is hold on in an exceedingly pc or in the other device.

A very encouraging development as way as this Act is bothered that it's simply not restricted to Government and Municipal companies however additionally includes public authorities viz.organizations,NGO’s and alternative bodies that are supported by the govt.. 

Practical Use

Let us throw some light-weight on however this Act may be employed in sensible.

1) A person submits an idea to the BMP workplace for sanction. However enabling method undergoes AN excessive delay thanks to the very fact of non-bribing of the involved officers that eventually puts the national into plenty of anguish. Using this Act, he will currently directly meet the officer and question him on the subsequent problems.

a) what's the standing of his plan?

b) What number alternative plans were submitted on the day on that plans were submitted by him?

c) Out of these plans, what numbers are sanctioned?

d) What went on to any or all the opposite plans?

Further, he's currently entitled to arouse the examination of documents, records, take notes and acquire certified copies. 

2)A person applies for a ration card. As usual, it gets into rough weather

as the involved officers aren't fed properly. Currently with this Act, he will go and get in touch with the involved and arouse the explanations for the delay similar to the higher than case. The higher than aforesaid ar simply stray cases and also the aforesaid Act may be accustomed elicit any sort of data from any departments except some.

Appointment of Public information Officer

Under the Act, it's imperative currently for all the executive offices of Public Authorities to appoint a Public data Officer. He can act as a catalyst between the national who desires the data and also the involved department. In traditional course, the mandatory data ought to be provided at intervals a span of 1 month. There’ll be a nominal fee collected as a token quantity. Even when one month, if the data isn't provided properly or refused, the person will go one step additional and attractiveness to the proceedings authority who by default are going to be the senior of the aforesaid PIO within the same department. 

If the national needs to attractiveness against the proceedings Authority itself, he ought to attractiveness to the state or Central information Commissioner that is an independent constitutional authority. 

Penalty for Delay/Refusal

If there's a delay in providing the data or deliberate refusal to give the data, the PIO is penalized at Rs. 250/- per day till the data is provided to the person. This facet could drive the PIO to act quickly and supply all the data. It’s a rule that the name of the PIO ought to be conspicuously displayed in any respect the offices. If it's missing or the national cannot realize the PIO, he will apply for data by addressing to the PIO of the top workplace of the involved department.

Though the Act covers the majority the departments and allows the national to induce the desired data, Scientific, Economic, Security and strategic data as mentioned within the sections eight and nine of the Act might not  be disclosed or may be denied out justifiably.However such a state of affairs might not happen as a standard national won't be having any business or dealings with these aspects. 

The Right to data Act is so a really useful Act for the common person and if employed in a correct and optimum method, it's going to result in less tat and a lot of transparency.  To high it all, this act could go one step further and provides an entire transparency vis-à-vis property documents that was up to now not terribly clear on varied problems.  With this Act, all the documents of property may be procured simply from the govt. department’s viz. Taluk workplace, Corporation office, Sub-Registrar workplace, Survey Department, Assistant Commissioner’s office and also the national will heave a sigh of relief.

Format of application to be submitted to the Public Information Officer

To

The Public Information Officer,

(Name of the office with address)

1. Full name of the applicant:

2. Address

3. Particulars of the information required:

i) Subject matter of information

ii) The Period to which the information relates

iii) Description of the information required

iv) Whether the information is required by post or in person

(The actual postal charges shall be included in additional fees)

4. Whether the applicant is below the poverty line:

    (If yes, then the photocopy of the proof thereof)

Place:

Date:                                                           (Signature of the Applicant)

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property lawyers in Bangalore

ADJUDICATION ON STAMPS

(Advocate S Selvakumar|Property advocates in Bangalore|Property lawyers in Bangalore)

The provisions of The Karnataka Stamp Act, 1957 concerning judgment on stamps are as below;

Adjudication on proper stamps

Section 31(1) once any instrument, whether or not executed or not and whether or not previously sealed or not is dropped at the Deputy Commissioner, and also the person transfer it applies to possess the opinion of that officer on the duty (if any) with that it's indictable, and pays a fee of (one hundred rupees) the Deputy commissioner shall confirm the duty (if any) with that, in his judgement, the instrument is indictable.

(2) For this purpose the Deputy commissioner might need to be supplied with an abstract of the instrument, and additionally with such instrument or different proof as he might hold necessary to prove that everyone the facts and circumstances moving the chargeability of the instrument with duty or the quantity of the duty with that it's indictable are totally and actually set forth in this, and will refuse to proceed upon any such application, till such abstract and proof are furnished accordingly:

Provided that –

a)No proof furnished with in pursuance of this section shall be used against a person in any civil continuing except in any enquiry on the duty with that the instrument to that it relates is chargeable; and

b)Every person by whom any such proof is furnished with, shall on payment of the complete duty with that the instrument to that it relates, is chargeable, be eased from any penalty that he might have incurred below this Act by reason of the omission to state actually in such instrument any of the facts or circumstances aforesaid.

Certificate by Deputy Commissioner:

Section32(1) once an instrument brought to the Deputy Commissioner below section thirty one, is in his opinion, one among an outline indictable with duty, and

a) The Deputy Commissioner determines that it's already totally sealed.

b)The duty determined by the Deputy Commissioner below section thirty one, or such a add as, with the duty already paid in respect of the instrument, is adequate the duty therefore determined, has been paid, the Deputy Commissioner shall certify by endorsement on such instrument that the complete duty (stating the amount) with that it's indictable has been paid.

(2)When such instrument is, in his opinion, not indictable with duty, the Deputy Commissioner shall certify in manner aforementioned that such instrument isn't therefore indictable.

(3) Subject to any orders created below Chapter VI, any instrument upon that an endorsement has been created below this section shall be deemed to be punctually sealed or not indictable with duty, because the case might be; and, if indictable with duty, shall be owed conspicuous or otherwise, and will be acted upon and registered as if it had been originally stamped:

Provided that nothing during this section shall authorize the Deputy Commissioner to endorse-

a)Any instrument executed or initial executed in India and dropped at him once the expiration of 1 month from the date of its execution, or initial execution, because the case might be;

b)Any instrument executed or initial executed out of India and dropped at him once the expiration of 3 months once it's been initial received within the State of Karnataka; or

c)Any instrument indictable with a requirement not surpassing fifteen paise or a mortgage of crop (Article thirty five (a) of the Schedule) indictable below clause (a) or (b) of section three with a requirement of twenty-five paise, once dropped at him, once the execution thence, on paper not punctually sealed. 

d)Any instrument indictable with a requirement not exceeding fifteen paisa or a mortgage of crop indictable below clause of section three with a requirement of twenty 5 paise,when dropped at him, once the execution thence on paper not punctually sealed.

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