LegalJunction
Legal-Junction

FLOW OF TITLE TO THE PROPERTY WITH VERIFICATION OF CERTIFED COPIES OF DOCUMENTS:

It is suggested to have certified copies of all the title deeds of a property for safe and secured documentation and for better understanding of flow of title for many generations ahead.

Here is the list of documents related to the legality of the property. Buyers, sellers and owners may choose their requirement.


IMPORTANCE OF KHATHA TRANSFER:

It is important to get the transfer of Khatha in their name immediately after purchase of any immovable property and to pay property taxes in their names.


We have many instances, where individuals, corporates, State & Central Government agencies have purchased high worth residential / commercial properties way back, but have not got the khatha transferred in their favour. Even today the taxes are being paid in the previous owner’s names, which is not advised.

We advise property owners to get EC (encumbrance certificate) every year to make sure that there is/are no transaction/s for the property in question.



LIST OF DOCUMENTS TO BE VARIFIED FOR LEGALITY


VILLAGE MAP

This map indicates the location and dimension of the property in question along with survey numbers, roads, water bodies, mountains and the location of village to which the land in question belongs.


ISSUE REGISTER EXTRACT

A Preliminary document showing the details of the land granted ie, Village, survey number, extent of land, the nature of grant & the details of grantee.


OFFICIAL MEMORANDUM FOR LAND GRANT

A document issued by the jurisdictional Deputy Commissioner. It shows the origin of the property i.e., nature of grant under which scheme the land is being grant. Whether free grant, SC – ST grant, Darkhast, Inam & others.


GRANT CERTIFICATE

After sanctioning certain extent of land to any individual, The Deputy Commissioner issues an Official Memorandum and subsequently a separate Grant Certificate will be issued by the jurisdictional Tahsildar which contains certain conditions of grant along with survey number, extent and clear boundaries for the land granted.


SAGUVALI CHIT

The Saguvali Chit is also called the certificate of grant. This is issued in Form No VII in case of grant of government land to the persons eligible for cultivation. This establishes the title of the person named in the Saguvali Chit for the land granted. A sketch of the land granted will be annexed to the Saguvali Chit. The grant of the land is subject to some conditions detailed in the Saguvali Chit.


FAMILY TREE (VAMSHA VRUKSHA or GENEALOGICAL TREE)

This document shows the genealogical tree in the form of a flow chart with the names and age of the members of the family. It also indicates whether the persons mentioned in it are living or dead; it is certified by the Village Accountant or the Revenue Inspector.


MOTHER DEED/PARENT DEED

This is a document that traces the origin of transaction of the property as well as details of other relevant conveyance deeds. Tracing ownership should always begin with scrutiny of the earliest document recorded. Earlier, title or conveyance documents are called mother/parent deed.


SALE DEED

It is an instrument in writing, which transfers the ownership of the property or properties (in exchange of price). This document requires to be registered.


ENCUMBRANCE CERTIFICATE

The Encumbrance certificate (EC) is a record that shows all the registered transactions pertaining to a property in a particular time period. It is issued by the sub-registrar’s office under whose jurisdiction the property falls. ECs are issued via Form 15 or Form 16. If mortgage, sale or any other deeds with respect to a property is registered in the specified period of time, then Form No. 15 is issued with the details of each transaction. If there have been no registered transactions during the specified period of time, the sub-registrar will issue a Form 16. While buying a property, you should insist on an EC for a period of not less than 30 years. Though EC is helpful in ensuring a clear and marketable title for the property, it does not provide the complete picture. Certain documents/transactions need not be registered, and these are not shown in the EC. Such documents and transactions include unregistered wills, panchayath partition, unregistered power of attorney, unregistered agreement of sale and unregistered mortgages. Apart from these, litigation in courts and tax liabilities are also not shown in ECs. So while buying a property, do not rely solely on ECs for a clear title and look at other secondary documents. A disclaimer can be seen in any EC, which reads: ‘The person needs to verify the authenticity on their own and solely not rely on the document’.


INDEX OF LAND

It is a preliminary document in the revenue department which contains details like Survey Number, Extent of Land & Name of the person in possession and enjoyment of the land


RECORD OF RIGHTS

This document contains details such as Survey Number, extent of the property, names of the owners, how the property came to be transferred (by way of Grant, Purchase, Partition, Gift, Court Order etc.).


12) R.T.C or PAHANI: (Rights, Tenancy and Crop Inspection certificate)

This is an important revenue record, as it contains the details of land such as; Survey Number, Owners’ details, Area (extent), Assessment of land revenue, Water rate, Soil type, Nature of possession of the Land, Liabilities if any, Tenancy and Crops grown, etc.



Pahani contains the following valuable information about the land:
  • Survey Number and Hissa Number of Land
  • Total Land including kharab land, if any in the Survey Number.
  • Land Revenue details.
  • Land Owner's name with their respective Extents.
  • How the land was acquired by the owner.
  • Government/Public rights on the Land, if any.
  • Cultivators Details.
  • Utilisation of land under various categories.

The Name of Owners of the land shall be changed as and when there is a transaction of purchase, gift, partition, Inheritance, Grant by Government, Court Decree, etc. When one of these takes place, NEW OWNERS should approach the Revenue Department with the necessary documents to incorporate their names in the RTC.

MUTATION EXTRACT

Mutation is a process through which Owner's name gets changed because of some transactions. The type of transaction may be one of the following:

  • J-Slip-Sale through registered deed.
  • Inheritance - Change of Ownership because of death of the Owner.
  • Division of Land within the Family (Family Partition Deed).
  • Pledge / Release - Change in liabilities because of loan from bank.
  • Court Decree - Based on the Court Order.
  • Conversion of land from agricultural to non-agricultural residential/commercial purpose.
  • Acquisition by Government for Public purpose
  • Grant of Land by Government to Poor People."

IHC: (Inheritance Certificate)

Transfer of ownership of the property in favour of legal heirs on the demise of the head (Kartha) of the family.


KHATHA CERTIFICATE AND KHATA EXTRACT

KHATHA CERTIFICATE AND KHATA EXTRACT :

The Khatha certificate & Khatha extract are issued by the BBMP, the BDA, the REVNUE DEPARTMENT or a village panchayat in the name of the prospective owner or owners. There is no specific mention of the term Khatha in The Karnataka Municipal Corporation Act of 1976; this is only an assessment register which compiles all the details of each property. The term Khatha is a colloquial term and literally means an ‘account’. Thus, the Khatha is an account of every person who owns a property. Each property will have a Khatha. Each Khatha has two parts: the KHATHA CERTIFICATE and the KHATHA EXTRACT.


KHATHA CERTIFICAE : The Khatha certificate is issued by the concerned department on payment of applicable charges along with a requisition letter by the owner. This certificate mentions that a particular property number ‘A’ is held in the name of the person ‘B’. This certificate is required for paying taxes, applying for water connection, electrical connection, telephone connection, trade licence and construction licence etc.


KHATHA EXTRACT : This document shows the name of the property owner, details of the property, such as plot size, built-up area & the tax assessed etc.


The ‘B Khatha’ : In order to include unauthorised layouts, revenue sites and buildings constructed in violation of by-laws into the property tax net, a provision was made under the Section 108A of the Karnataka Municipal Council Act. Under the new provision, the BBMP could collect property tax from such properties. The details of the property tax collected from such a building or apartment or site are maintained in a separate register, called the B register. B Khatha is not an assurance of regularising your property it is only for collecting property taxes.


FORM - 9 : Form-9 is a document issued by the Gram Panchayat for non-agricultural properties in its jurisdiction as per Karnataka Panchayat Raj (Grama Panchayat Budgeting and Accounting) Rules 2006, Amendment Rules 2013 mentioned under Rule 28. Gram Panchayats can issue Form 9 only for properties that are-


  • Duly converted as per the provisions of the Karnataka Land Revenue Act,1964 by the respective Revenue Department and also have approved plans sanctioned as per the Town and Country Planning Act and other related enactments by the respective Urban Development Department.
  • For the Basava, Ambedkar and Indira Awaas Yojana Government housing scheme beneficiaries as per the Housing Department circular dated 30.01.2012 bearing number HD 55 HAS 2011.
  • For properties which are attested by the Tahsildar through a sketch certifying the location as located within the Gramathana of the village as per Revenue Department circular bearing No. RD 174 MUNOMU 2005 dated 23.08.2005 and bearing No. RD 146 ASD 2013 dated 14.06.2013.

Form - 11 : Form-11 is a document issued by the Gram Panchayat for non-agricultural properties in its jurisdiction as per Karnataka Panchayat Raj (Grama Panchayat Budgeting and Accounting) Rules 2006, Amendment Rules 2013 mentioned under Rule 30. Form-11 register is also called as Register of Demand, Collection and Balance of land and buildings.
For all the properties located in the jurisdiction of Gram Panchayats Form Number 9 and 11 are essential instruments for property tax collection. Gram Panchayats are local civic bodies and are authorised as per section 199 of the Karnataka Panchayat Raj Act, 1993 to collect property taxes. However the Revenue department in its circular no ಆರ್ ಡಿ 344 ಮುನೋಮು 2005 dated 06-04-2009 as amended in 2013 has made Form-9 and Form-11 mandatory documents for non-agricultural properties coming under the jurisdiction of Grama Panchayats for carrying out registration. Hence citizens seeking to sell their property apply for Form 9 and 11 in Gram Panchayats.


PROPERTY TAX RECEIPT:

A property tax is a levy on property that, the owner is required to pay every year. The tax is levied by the governing authority of the jurisdiction in which the property is located.

This document reflects the total tax paid by a person on his property and the period for which the tax has been paid


PATTA BOOK

This is a record given to a holder of agricultural land and includes tenants if he is primarily liable to pay land revenue. It contains details of record of rights to the land. The book also contains information regarding the payment of land revenue and other government dues if any, and information of cultivation.


SURVEY DOCUMENTS

a) KARDA is a document showing the details of the basic grantees of the land in question.

b) TIPPANI a hand-drawn sketch from the records of the Survey department with respect to a property contained in a single survey number that is not bifurcated into sub-survey numbers issued by the Survey department. For instance, Hissa Podi extract refers to a sketch showing fragments within a survey number with sub-survey numbers such as 40/1, 40/2 etc.

c) ATLAS, a survey record issued by the Assistant Director of Land Records clearly showing the sketch of the entire survey number, its total area, extent of kharab land and net cultivable area along with its bifurcated portions and the names of owners of each sub-survey number.

d) AKARBAND is a document indicating the total extent, and classification (sub - division) of the property in question.


P.T.C.L. ENDORSEMENT

The buyer can ask the builder/seller to get an endorsement for Prevention of Transfer of Certain Lands Act (PTCL). Either the Tahsildar, or DC or in some cases the Assistant Commissioner can issue this document. This is to ascertain that the property is not granted to a person/persons belonging to the SC/ST communities. This is a significant Endorsement to know the land is not a Granted to SC/ST’s and to avoid future complication in the form of Cases under PTCL Acts.


Form No. 7 & 7A endorsement

This is issued by the jurisdictional Tahsildar. This endorsement certifies that there are no tenancy cases pending in respect of the property in question, as per the Karnataka Land Reforms Act 1961.


79 A & 79 B ENDORSEMENT

As per Section 79A of the Karnataka Land Reforms Act 1961, the non-agricultural income of a purchaser who must be an agriculturist should not exceed Rs 25 lakhs/year. These endorsements certify that there are no cases against the person owning the agricultural land, and whether he is an agriculturist or not, conforming to the prescriptions of Section 79 A & B of the Karnataka Land Reforms Act 1961 (since only agriculturists and agricultural workers whose average annual income is less than Rs 25 lakhs are entitled to own agricultural lands in Karnataka) These are issued by the jurisdictional Tahsildar.


N.O.C. FROM BDA, BBMP, NHAI, KIADB,KHB, BMICP, BIAPPA & OTHERS

The buyer can ask for an Endorsement from the Special Land Acquisition Officer of the BDA, BBMP, National Highways Authority of India (NHAI), the Karnataka Industrial Area Development Board (KIADB), Karnataka Housing Board (KHB), Bangalore Mysore Infrastructure Corridor Project and others, confirming that there are no acquisition proceedings underway with respect to the property being purchased. As this is mandatory to register the jurisdictional property.
In case if any acquisition notification of the land, then the property cannot be registered by the Sub-Registrar.


LAND CONVERSION ORDER (OFFICIAL MEMORANDUM)

This document is issued by the jurisdictional Deputy Commissioner. It certifies that the property has been converted from agricultural to non-agricultural residential purpose.

Conversion order issued by The Deputy Commissioner under section 95 of the Karnataka Land Revenue Act, 1964. The conversion order prescribes certain conditions and mentions whether the land has been converted for residential, industrial, public or semi-public use.


APROVED LAYOUT PLAN

This is a plan approved by the appropriate authority for the formation of layout showing dimensions and measurements of plots, roads, civic amenities, etc. There are different agencies to approve the layout plan like BDA, BMRDA, BIAPPA & DTCP Offices etc.


COPIES OF GAZETTED ORDERS

Certified copies of gazette published Orders, Rules and Notifications by the Government as applicable to the property in question may be obtained.


CERTIFIED COPY OF COURT ORDERS

As a part of our Services we arrange certified copy of any court orders from concerned adjudicative body to our clients as per their request. An authentic and legally obtained certified copy is required for different purposes like filing an appeal, proving specific facts etc. and also it helps under Evidence Act in Various Courts.


ZONING OF LAND AS PER CDP (COMPREHENSIVE DEVELOPENT PLAN):

In any planning area, for example the BDA Jurisdictional Area, there is a CDP which is being revised once in 15 years, which will have details of each survey number’s usage e.g. Residential, Commercial, Agricultural, Industrial etc.

This information is crucial while purchasing the land.


REGISTRATION OF ABSOLUTE SALE DEED for BDA /CITB allotted Sites: (After completion of LEASE PERIOD)

We assist in submission of application and getting registration of ABSOLUTE SALE DEEDS for Sites allotted under LEASE CUM SALE AGREEMENT allotted by CITB or BDA after completion of lease period. It is only after the registration of ABSOLUTE SALE DEED the course of purchase completes.

A registered Document operates from the time from which it would have commenced to operate if no Registration thereof had been required or made, and not from the time of its Registration. Supposing a Document relating to a sale of immovable property is executed on 1st July and possession of the property has been delivered, but the Document is Registered on 3rd September, the Document operates from the date of its execution i.e. from 1st July and the property must be deemed to have been passed only from the date of its execution. We advise to get the registration of ABSOLUTE SALE DEED as soon as the lease period is complete as it is time consuming.


OCCUPANCY CERTIFICATE

The Occupancy certificate (OC) is obtained at the end of the construction and is a proof of plan sanction compliance. Once the builder applies for the OC, BBMP is supposed to conduct an inspection to confirm that the construction is compliant with the sanctioned plan and issue the OC.


POSSESSION CERTIFICATE FROM B.D.A, K.H.B, Any HOUSING SOCIETY:

This certificate is issued at the time of allotment of the site. Thus a possession certificate becomes the first thing one need to get in any property deal.


CONSUMER NAME TRANSFER - BESCOM / BWSSB:

We undertake the services of consumer name transfer in BESCOM / BWSSB records on purchase of property from the existing owner & it is possible only when Khatha is transferred.



AKRAMA SAKRAMA

Dear Property Owners,

The State Government is coming out with AKRAMA SAKRAMA scheme. Shortly it will notify the date to submit applications. We advise all the property owners, whose sites are in Revenue Layouts to get ready with the following documents:


Hurry up!!!


Contact us for obtaining "certified copies" of all the documents mentioned.

Once the AKRAMA SAKRAMA Scheme is notified, we shall contact all our esteemed clients with applications to assist in filling and filing the applications along with all the required documents.


Finally we help you –

"Procure the Documents & Secure the Property"

Contact us for appointments:


Timings for consultation will be at 8.30 am to 12.30 pm and 5 pm to 10 pm on week days.

There will be free consultation for senior citizens on first Sunday of every month with prior appointment between10am and 5 pm & for them who are not able to visit our office, we are pleased to reach their door steps.


PAYMENTS

The Mode of Payment for our services can be either by Cheque / DD or by A/c transfer RTGS/NEFT/IMPS etc.

There will be a Concession for Corporates, Residents/Welfare associations (Group, housing/Apartments), Advocates, Government and non-Governmental organisations having multiple requirements and high Volume of documentation.



We welcome valuable suggestions from our clients!!!!!

If you have any questions about our products or services, please feel free to contact us. We have friendly, knowledgeable representatives available seven days a week to assist you in all KANNADA, HINDI, ENGLISH, TELUGU, & TAMIL languages. Our services are restricted on the availability of documents & information already available at various departments of the Government.

Our friendly customer service representatives are committed to answer all your questions and meeting any need you may have at any point of time with prior appointment. Employees, senior citizens, Advocates & people from different places who are not well versed with the local language & formalities will benefit in terms of time and money.

In addition to the services listed, any other service related to the property shall be provided on specific request by the clients.