Monday 25 May 2015

Documents to be examined before Purchasing the Property


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Documents required in connection with the purchase of property will vary from case to case. In general, the following documents are required to be verified before purchase of any property in order to ascertain the valid title of the Vendor. In certain cases, a need may arise for verification of additional documents, in addition to the above, to finally conclude the valid title of the Vendor.

(A) For purchase of BDA property (formerly City Improvement Trust Board (CITB)):

1.   Allotment letter;
2. Receipts for payment of site value;
4. Possession Certificate;
5. Absolute Sale Deed;
6. Khatha Certificate issued by the BDA;
7. Tax paid receipts;
8. Building plan, if any if the building is constructed;
9. Khatha Certificate from Bruhat Bangalore Mahanagara Palike (if it comes under Corporation Revenue Jurisdiction)/tax paid receipts from BBMP;
10. Re-allotment Letter/Re-conveyance Deed, if property is re-conveyed by the BDA.

(B) For purchase of site within jurisdiction of Bangalore Metropolitan Regional Development Authority (BMRDA) (BDA) Private Layout:

1. Valid conversion order issued by the Deputy Commissioner;
2. Record of Rights Tenancy Crops (RTCs) for 40 years;
3. Documents of Ownership for last 45 years;
4. Relevant mutation register extracts;
5. Akarband/Tippani/Podi extracts;
6. Surveys/Village map;
7. Nil tenancy Certificate;
8. Confirmation from the Competent Authority that there are no acquisition proceedings;
9. Layout plan approval by the Competent Authority;
10. Release order for sites;
11. Endorsement from Assistant Commissioner confirming that no cases are pending under the provisions of Prevention of Transfer of Certain Lands (PTCL) Act;
12. Endorsement from Assistant Commissioner confirming that no cases are pending under the provision of section 79(A) & (B) of Karnataka Land Revenue (KLR) Act;
13. Khatha Certificate issued by the revenue Competent Authority;
14. Latest tax paid receipts;
15. Encumbrances atleast for the last 30 years.

(C) For purchase of Agricultural Land:

1. Origin of the property;
2. Relevant document for flow of title;
3. Mother/parental deeds;
4. Index of land and records of rights;
5. RTC/Phani extracts from 1967 onwards;
6. Relevant mutations extract;
7. Endorsement from Competent Authority confirming that there are no acquisitions;
8. Village Map;
9. Survey map and survey sketch;
10. Akarband, Tippani, Podi extracts/Atlas;
11. Relevant Sale Deeds;
12. 79A & B Certificate under Land Reforms Act issued by A.C.;
13. Certificate for change of survey number, if any;
14. Nil tenancy Certificate;
15. Patta receipt in the name of Vendor;
16. Latest tax paid receipts;
17. Encumbrance Certificate for the last 30 years;
18. Endorsement from Assistant Commissioner that the land does not fall under “S.T. & S.C. Grant Land”.

(D) For purchase of Apartment / Flat:

1. Need Mother Deed to trace the origin of property, including all the other relevant Conveyance Deeds to trace the flow of title. Normally, a title documents for a minimum period of 40 years is required. In certain cases, the title deeds for a longer period may be required;
2. Betterment charges paid receipt wherever applicable;
3. Khatha Certificate and Khatha extract from Concerned Authority (OR) computerised Khatha Certificate and Khatha extract from BBMP are required;
4. Sanction building plan from the Competent Authority;
5. Latest tax paid receipt;
6. Encumbrance Certificate for the relevant period (upto date) for the period of 30 years preferable;
7. In case of high rise building, permission obtained from Airport authority of India, BWSSB, BESCOM, BSNL, Fire Force and Pollution Control Board;
8. Endorsement issued by Assistant Commissioner confirming that no case is pending under provision of PTCL Act;
9. Conversion order, zonal regulation map, RTC from 1967 to till date, mutation records, Index of Land (I.L.) and Record of Rights (R.R) records, Nil tenancy Certificate, Nil acquisition Certificate from the competent authority, endorsement from the Tahsildar/Assistant Commissioner confirming that there are no pending cases under Sec.79A and 79B of Karnataka Land Reforms Act, Village Map, Survey Map, Tippany, Akhar Band, Atlas;
10. Approved Layout Plan or the sketch indicating the particular site on the survey map;
11. Commencement and occupancy Certificate.

In addition to the above documents, if the property is held by a Company/Partnership firm the following documents also are required for scrutiny:

a) Company: Memorandum of Association and Articles of Association of the company, Certificate of incorporation, Resolution passed in the Board meeting of the company for purchase/sale of property;

b) Partnership firm: Partnership Deed, Authorisation letter of the partners authorising certain Partner/s for purchase/sale of property and Acknowledgment of firm (if firm is registered).


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