PURCHASE OF A SITE: Steps to be followed

Owning a house is an important thing in ones life. However, one needs to be careful while buying land/house to avoid falling into legal hassles. A lot of care is needed from the beginning- right from site seeing till the registration of the land.  The legal status of the land is one of the first issues that you should address before confirming a property.  Don’t give any advance before getting confirmation about the legal status of the property.

 

PURCHASE OF A SITE:

 

HOUSING CO-OPERATIVE SOCIETY/ LAYOUT	Only sites formed by any approved societies have to be purchased. Byelaws and Registration details of the society have to be verified. To check whether the seller is a member of the society. If any restriction of sale during certain period, insist on NOC from the society. To verify the Allotment Letter. Absolute Sale Deed. Khatha to be verified Upto date Tax paid receipts Encumbrance Certificate for 14 years. Layout should be converted from agricultural to residential use. Check the C.D.P [Comprehensive Development Plan]. Land should be ear marked for residential user. No Acquisition proceedings from B.D.A/Karnataka Housing Board. Verify under whose jurisdiction the property is situated i.e. Village Panchayat/CMC/Corporation Layout Plan sanction should be certified by both BDA and Local Body under which the land is situated.
PRIVATE LAYOUTS	Full history of the property for a period of 43 years. Layouts to be approved by BDA/BMRDA. To check all the other documents as mention in Housing Co-operative Society/Layout. [Private layout with DC conversion and Panchayat approval involves little risk].
BDA SITE [Purchase of site from original allotee]	Allotment Letter from BDA. Possession Certificate. Payment receipts. Absolute Sale Deed registered. Khata Certificate. Tax paid Receipts Encumbrance Certificate from the date of allotment to the date of possession.
BDA SITE [Purchase of site other than the BDA allotee]	Purchasers to verify with the BDA for authenticity of the sites. To verify if the site since its allotment, been mortgaged or if a GPA has been given to 3rd parties. Latest Encumbrance Certificate. Sale Agreement Original Sale Deed, which should be in the custody of the vendor. [As there will be a long lapse of time between allotment and final sale deed]. Revenue Records Tax receipts in the name of the subsequent purchaser to be examined.
BMP SITES	Full history of the property [ like successive deeds of transfer, wills, partition deeds] Family Tree Encumbrance Certificate for 14 years Khatha Endorsement. Khatha Certificate. Khatha Extract. Up to date Tax paid receipts. To verify the records at City survey Office. Insertion of paper notice of intention to purchase. Verify the possession of property, which is especially important for purchase from Mohammedan owner, who have the right to give oral gifts of immovable properties that do not require registration. [Though many advocates restrict the tracing of the Title to 13 years, it is advisable to verify the records for at least 43 years].
PURCHASE OF CMC [City Municipal Council Sites]	Mother Deed to trace the origin of the property and all other relavant conveyance deeds. Conversion order Zonal regulation map. Relavant mutation records & Index of Land. Records of Rights. Nil Tenancy Certificate & Nil acquisition certificate from the competent authority. Endorsement from Tahsildar confirming that there is nothing pending under Section 79 (a) and (b) of Karnataka Land Reforms Act. Endorsement from the competent authority stating that the land is not a grant land Village map, survey map, tipny, akar bandh, atlas. If it is a grant land, permission from Tahsildar is to be obtained. If the sites are formed, approved layout plan to be obtained from BDA. Sanctioned building plan in case of a built house. Betterment charges paid receipt & Latest tax paid receipt. Encumbrance certificate for 30 period. Khata certificate in Form MAR 19 (issued prior to 29.5.03).
GRAMATHANA SITES	To verify the survey numbers. Examining old village survey maps from survey department. Verify Form No 9 [denotes Gramathana site]. Verify Form No 10 [denotes the building which confirms that the particular property is original Gramathana site or not. To check all the other documents as mention in CMC. [Many village Panchayats issue form no 9 & 10, though they are not Gramathana sites. Many sites fall in green belt area, where construction of residential buildings is restricted].
REVENUE SITES	RevenueLand cannot be used for any purpose other than agriculture unless it is converted for non-agricultural   residential use. Formation of layouts is not permitted on agricultural land. Most of the Revenue sites fall under Green Belt Area. As per zonal regulation green belt area is meant only agricultural purpose. The revenue records such has Pahani and Mutations of these lands remain in the name of the original owner even after it is purchased by others.   The following are the documents required for purchase of Converted Revenue Lands:    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.  Akarband/Tippani/Podi Extracts.  Surveys/Boundary Map.  Village Map.  Nil Tenancy Certificate.  Confirmation from the BDA/BMRDA authority that there is no acquisition proceedings Layout Plan Approval by the competent authority.  Khatha Certificate issued by the Revenue authority. Latest Tax Paid Receipts.  Encumbrance Certificate for the last 30 years.  Validity of the Power of Attorney.  Zonal Regulation Map.

Documents required 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 if any/Saaguvali chit. 

6. RTC/Phani extracts for the last 30 years. 

7. Relevant Mutations/Extract. 

8. Endorsement from competent authority confirming that there is no acquisition proceedings. 

9. Village map. 

10. Survey map. 

11. Akarband, Tippani, Poddi Extracts, 

12. Relevant Sale Deeds. 

13. C.D.P. Plan pertaining to the area. 

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

15. Land Tribunal Order, if any. 

16. Certificate for change of survey number, if any, 

17. Nil Tenancy Certificate, 

18. Latest Tax Paid receipts. 

19. Encumbrance Certificate for last 30 years. 

20. Family Tree of the Vendor, 

21. Endorsement from Tahsildar that the land does not fall under “Grant” or “Inam” category. 

22. Phani of the Purchaser.