FAQ's
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What are the points a purchaser should remember when purchasing a property?
Original documents.
How did the seller acquire the property.
Encumbrance Certificate of the property for a minimum period of 15 years from Sub Registry Office to know if there are any encumbrances on the property to be purchased.
Verify from the concerned court if there are any litigations on the property to be purchased.
Verify if there are any litigations, objections in revenue, municipal offices about inheritance or any other matter.
If seller is a power of attorney holder, it should be verified from the principal and if such power of attorney is genuine and whether it is still in force.
It should be verified whether the transaction is opposed to public policy under Section 22A of the Registration Act, 1908. If so the document will not be registered.
If the Property is a granted land to the member of scheduled caste and scheduled tribe, it should be verified if the transaction is in contravention of the terms and conditions of grant and whether permission of the Government is obtained for transfer.
What is the purpose of Registration?
By Registration of transaction of immovable property will become permanent public record. This is a notice to the general public. Those getting transfer of property should verify whether such property has been previously encumbered.
According to Transfer of Property Act right, title or interest can be acquired only if the deed is registered.
What are the effects of non-registration?
If a deed of transfer, which is compulsorily registrable, is not registered it will not be admissible in evidence
Who can sign as witness to a document?
Any person, above 18 years of age and not a party to the document may sign as witness.
Explain the Power of Attorney
There are two kinds of Power of Attorney.
General Power of Attorney (GPA)
Special Power of Attorney (SPA)
General Power of Attorney is executed by a person in favour of another to act on behalf of him generally. It may include management of property, Court matter/litigations, sale of mortgage of property or any other act.
Special Power of Attorney is executed to do a particular act. Power of Attorney holder is answerable to the principal and liable to give accounts to him.
What is meant by Encumbrance Certificate?
Encumbrance Certificate is a record showing registered transactions pertaining to a property. If mortgage, sale or any other deeds in respect of a property are registered, encumbrance certificate is issued Form No.15.
What are the required documents before registration of deed?
Title Deed
. Title deed in the name of vendor in respect of the Property. If it is a BDA property - allotment letter and possession certificate are required.
. Original Conveyance deed / Gift deed / Release deed / Partition deed / Will/ JDA. Khatha Certificate and Extract
. Latest Khatha Certificate and Khatha extract in the name of the vendor in respect of the property. Tax Paid Receipt
. Latest tax paid receipt pertaining to the property. Sanctioned Building Plan
. Sanctioned building plan pertaining to the property (if the building is existing) issued by the competent authority.
GPA
. General Power of Attorney (if the vendor is represented by a GPA holder). Registered / Notarized / Attested by Embassy (if the owner is not within the country).
Additional Documents in Respect of Agricultural Land
. Pahani, Extract of Mutation Register, IHR, RR, IL, Patta Receipt Book - confirming the name of the vendor pertaining to the property (latest and computerized).
What documents are to be carried at the time of registration?
Sale Deed
. Should be drafted on single side of the sheet by an advocate licensed document writer.
. After obtaining the signature by both the parties i.e., vendor and the purchaser, the said sale deed has to be photocopied.
. PAN number should be entered in the sale deed (as applicable).
. Sale consideration cheque/DD particulars, property details, boundaries, etc are to be checked. Additional Documents
. Form No.60 (Under IT Act).
. Form No. 61 (If the value of the property is Rs.5,00,000/- or more)
. Form No.1
. Affidavit (2 set) :- Stating that registration of the said document does not violate the notification issued under section 22A of the Registration Act.
. Extract of assessment register of the property.
. For Agricultural land: - No objection certificate from Tahsildar. (If the property is a granted land or occupancy rights have been granted under Land Reform Act,
1961, then no objection certificate from the concerned Tahsildar to be obtained).
What is the procedure to be followed after the completion of the registration process?
After registering the conveyance deed, the purchaser / owner should apply for the E.C., to confirm about reflection of transaction in his name.
. Approach concerned revenue department / authority for transferring the Khatha and other revenue record in his name.
. Pay up to date tax regularly to the competent authority.
. To construct building and get the building plan approval from competent authority, such as BDA/BMP/BBMP/BMRDA/BIAAPA, etc.
The Following Documents are Sought by Financial Institutions.
. Title Deed to tract the origin of the property for at least the last 13 years.
. Register title deed / sale deed / any other document in his name.
. Khatha Certificate / Extract issued by competent authority.
. Latest tax paid receipt.
. E.C from past 30 years / 13 years.
. Betterment charges paid receipt / Conversion Order issued by competent authority.
. Sanctioned building plan issued by the competent authority if there is existence of building.
. Legal opinion from an Advocate clearing title in respect of the property.
. If the owner is represented by GPA holder then appropriate proof/GPA authorizing him/her to mortgage the property is required.
What are the documents required while dealing Agricultural property?
Title Deed
. Mother Deed
. Sale Deed / Partition Deed / Gift Deed
. Court order, etc.
. NOC from Primary Land Development (PLD) Bank/any Banks
. Affidavit
Revenue Records
. R.T.C (From 1974 to till date)
. Mutation
. Index of Land
. Record of Rights
. Patta pass Book
. Tax Paid Receipt
. Hiduvali Certificate
Survey Records
. Tippany
. Atlas
. Sketch
. Survey Settlement
. Akaraband
Record from Sub-Registrar Office
. Certified Copy & E.C. for 30 years
Endorsements
. Endorsements 7
. Endorsements 7A
. Endorsements 79AB
. Karnataka SC & ST (Prohibition of Transfer of Certain Land) Act 1978 Zoning Records
. Village Map & Zoning Map
Other Documents
. Genealogical Tree
. Identification Document
. Death Certificate
What are the documents required while purchasing site within jurisdiction of BIAAPA?
The Following Documents are Sought by Financial Institutions.
. Valid conversion order issued by the Deputy Commissioner
. Conversion amount paid receipt
. RTCs for 30 years issued by the Village Accountant
. Tax Paid receipts issued by the Village Accountant
. Documents of ownership
. Mutation register extracts
. Akaraband / Tippani / Podi Extracts
. Surveys / Boundary Map
. Village map
. Nil Tenancy certificate
. Confirmation from the competent authority that there are no acquisition proceedings
. Layout plan approval by competent authority
. Release of site order
. Khatha certificate issued by the revenue authority wherever applicable
. Latest tax paid receipts
. Encumbrances for the last 30 years
. Validity of the Power of Attorney
 
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