DOCUMENTS REQUIRED IN GENERAL FOR LEGAL SCRUTINY REPORT 

B.D.A Property:

                                                    

1.Amount paid receipt issued towards the payment useful of site by B.D.A. to the allottee.

2.Allotment letter

3.Lease humor sale agreement.

4.Possession certificate

5.Absolute sale deed

6.Khatha Certificate

7.Latest tax paid receipt

8.E.C. from date of allotment until date

9.Khatha extract

10.Building set up (if any)

Converted lands:

1.Mother deed to trace the origin of property / All alternative relevant conveyance deeds.

2.Conversion Order

3.Zonal regulation map

4.RTC from 1967 until date

5.Relevant mutation records.

6.I.L. & R.R. records

7.Nil residency certificate

8.Nil acquisition certificate from the competent authority.

9.Endorsement from Tahsildar confirming that there's no case unfinished below sec.79(a) and (b) of KLR Act.

10.Village map/Survey map/Tipny/ Akar Bandh/Atlas

11.If the sites are shaped, approved layout decide to be obtained and sketch fixing the sites on the survey map to be obtained.

12.If the born-again land falls at intervals the view of C.M.C. OR B.M.P., betterment charges to be paid

13.Khatha from the involved authority to be obtained.

14.Latest tax paid receipt.

15.E.C. for the relevant amount until date.

B.M.P. Lands:

1.Mother deed to trace the origin of property / All alternative relevant conveyance deeds.

2.Betterment charges paid receipt (if applicable)

3.Khatha certificate

4.Khatha extract

5.Sanctioned Building set up

6.Latest tax paid receipt.

7.E.C. for the relevant amount until date

8.If it's primarily a born-again land, the documented listed in (c) on top of are needed.

9.CitySurvey records;

a.P.T. sheet

b.Fieldbook register

c.P.R. Card

d.City survey enquiry report

Flats:

1. Mother deed to trace the origin of property / All alternative relevant conveyance deeds.

2. Betterment charges paid receipt (if applicable)

3. Khatha certificate

4. Khatha extract

5. Sanctioned Building set up from competent authority.

6.latest tax paid receipt

7.E.C. for the relevant amount until date

8.If it's primarily a converted land, the documents listed in (c) on top of ar needed.

9.In case of high rise building, the permission to be obtained from the subsequent departments:

a)Airport authority of India

b)B.W.S.S.B

c) B.E.S.C.O.M

d)Telecom

e)Fire Force

f)Pollution Board

10.Commencementand occupancy certificates.

Other than tracing the title of the property, if the property is command by a corporation, Partnership firm or Trust, the subsequent documents ar required:

Company:

1. Memorandum & Articles of Association of the corporate.

2.Incorporation certificate.

3. Resolution elapsed the corporate purchasable / purchase of property.

Partnership Firm

1. Partnership Deed of the firm.

2. Authorising letter among partners authorizing partners purchasable and get of property.

3. Acknowledgement of registration of firm.

Trust

1.Regd. Trust deed

2.Resolution/Authorization letter among trustees authorizing members purchasable and get of property.

FORMORE

2BHK Apartments in Bangalore,

Bangalore property,

Realestate in Bangalore,

DEFECT IN PROPERTY 

                                                  

In recent times, dealings in real estate in Bangalore have been at the peak. Predominant reason for this is the growth of IT sector and the eagerness of the people to invest their money in real estates in and around Bangalore. As the realestates require huge investments, the purchaser has to take necessary precautions before investing his money to save himself from future complications. If the property transferred suffers from any defect in the title of the vendor, the purchaser does not get good and marketable title. Therefore, the purchaser has to make doubly sure before finalizing the deal, that the vendor has got a valid and marketable title. 

Marketable Title:

The term “Marketable title” means a title which is clear and free from reasonable doubts and is a title good against everybody. Thus, it is the title which establishes full ownership of the vendor to the property intended to be conveyed, without reasonable doubt. A buyer is not bound to complete the sale if there are defects in the title to the property which are material and latent. The defect to be material, it is to be of such a nature that if the purchaser were aware of it he would not have entered into the contract of sale at all. 

Doubtful or defective title:

A title is said to be doubtful when the vendor does not have any conclusive evidence to prove the ownership. The defects in title are generally latent defects which can be found only on investigation of title by perusal of documents, by an eminent advocate,carrying out searches of Government Departments and Municipal records and by making reasonable enquiries. The vendor is bound to disclose such latent defects known to him. 

A title becomes doubtful:

1.Where the doubt arises by reason of some uncertainty in law itself;

2.Where the doubt pertains to the application of some settled principle or rule of law.

3.Where a matter of fact upon which a title depends is either not in its nature capable of satisfactory proof or is capable of such proof but yet not satisfactorily proved.

The ownership of the vendor to the property intended to be sold, must be the property traceable from the previous title deeds commencing from the Deed which can be considered as a good root of title and for this purpose at least 30 years previous title would need to be verified. The property should have already been properly transferred from all predecessors-in-title and no third person other than the Vendor should have any right or claim thereto.

Thus, for example, if ‘A’ has sold the property to B and if it is found that the property under sale belonged to a Hindu Joint Family property and ‘A’ has sold it neither for legal necessity nor after obtaining the consent from Co-Parceners, then the property sold to ‘B’ is said to be defective.

The following are a few instances where the title cannot be termed as defective:

-An omission to disclose a prior agreement for sale by the Vendor is not a defect in title.

-Title by adverse possession is marketable and not a defective title, if proper title by such possession can be successfully made out. A title may be good although there are no Deeds but there must have been such a long uninterrupted possession, enjoyment and dealing with the property as to form a reasonable presumption that the title is absolute .

-Loss of title deed is not a defect, if the loss can be explained satisfactorily.

Defect in property:

Defect in property is different from the defect in title. A defect in the property only prejudices the purchaser in the physical enjoyment of the property but the defect in title exposes the purchaser to adverse claims. This difference has been enunciated in Section 55 (1) (a) of the Transfer of PropertyAproperty Act, which provides that the vendor is bound to disclose to the purchaser any material defect in the property or in the vendor’s title. The defects in property are generally patent defects which can be seen on an inspection of the property and the Vendor need not disclose the same so long as the same does not lead to defect in title.

Root of title:

In investigating title and in considering whether the title is marketable and free from reasonable doubts, it is necessary to find out the root of the title. Documents are considered as root of the title. A good root of title is a document purporting to deal with the entire property conveyed, which does not depend upon the validity of any previous instrument and without inviting any suspicion on the title of the Vendor. It may also be described as a document of transfer of property showing nothing to cast any doubt on the title. An instrument, the effect of which depends on some earlier document is considered as an instrument with insufficient root of title. In India, there is no law which stipulates statutory period for examination of root or commencement of title. However, it is advisable to investigate the title for a minimum period of 30 years unless the circumstances warrant production of documents beyond 30 years.

Though our law makes it obligatory on the part of the vendors to disclose the defects in title before the sale of a property, purchasers have also to exercise due diligence and investigate the title of the property before purchasing the same, to avoid future complications.

FORMORE

2BHK Apartments in Bangalore, 

Bangalore property, 

Realestate in Bangalore, 

DEFECT IN PROPERTY IS DIFFERENT FROM DEFECT IN TITLE 

                                               

                                                

In recent times, dealings in real estate in Bangalore have been at the peak. Predominant reason for this is the growth of IT sector and the eagerness of the people to invest their money in real estates in and around Bangalore. As the real estates require huge investments, the purchaser has to take necessary precautions before investing his money to save himself from future complications. If the property transferred suffers from any defect in the title of the vendor, the purchaser does not get good and marketable title. Therefore, the purchaser has to make doubly sure before finalizing the deal, that the vendor has got a valid and marketable title. 

Marketable Title: 

The term “Marketable title” means a title which is clear and free from reasonable doubts and is a title good against everybody. Thus, it is the title which establishes full ownership of the vendor to the property intended to be conveyed, without reasonable doubt. A buyer is not bound to complete the sale if there are defects in the title to the property which are material and latent. The defect to be material, it is to be of such a nature that if the purchaser were aware of it he would not have entered into the contract of sale at all. 

Doubtful or defective title: 

A title is said to be doubtful when the vendor does not have any conclusive evidence to prove the ownership. The defects in title are generally latent defects which can be found only on investigation of title by perusal of documents, by an eminent advocate, carrying out searches of Government Departments and Municipal records and by making reasonable enquiries. The vendor is bound to disclose such latent defects known to him. 

A title becomes doubtful: 

1.Where the doubt arises by reason of some uncertainty in law itself; 

2.Where the doubt pertains to the application of some settled principle or rule of law. 

3.Where a matter of fact upon which a title depends is either not in its nature capable of satisfactory proof or is capable of such proof but yet not satisfactorily proved. 

The ownership of the vendor to the property intended to be sold, must be the property traceable from the previous title deeds commencing from the Deed which can be considered as a good root of title and for this purpose at least 30 years previous title would need to be verified. The property should have already been properly transferred from all predecessors-in-title and no third person other than the Vendor should have any right or claim thereto. 

Thus, for example, if ‘A’ has sold the property to B and if it is found that the property under sale belonged to a Hindu Joint Family property and ‘A’ has sold it neither for legal necessity nor after obtaining the consent from Co-Parceners, then the property sold to ‘B’ is said to be defective. 

The following are a few instances where the title cannot be termed as defective: 

-An omission to disclose a prior agreement for sale by the Vendor is not a defect in title. 

-Title by adverse possession is marketable and not a defective title, if proper title by such possession can be successfully made out. A title may be good although there are no Deeds but there must have been such a long uninterrupted possession, enjoyment and dealing with the property as to form a reasonable presumption that the title is absolute . 

-Loss of title deed is not a defect, if the loss can be explained satisfactorily. 

Defect in property: 

Defect in property is different from the defect in title. A defect in the property only prejudices the purchaser in the physical enjoyment of the property but the defect in title exposes the purchaser to adverse claims. This difference has been enunciated in Section 55 (1) (a) of the Transfer of Property Act, which provides that the vendor is bound to disclose to the purchaser any material defect in the property or in the vendor’s title. The defects in property are generally patent defects which can be seen on an inspection of the property and the Vendor need not disclose the same so long as the same does not lead to defect in title. 

Root of title: 

In investigating title and in considering whether the title is marketable and free from reasonable doubts, it is necessary to find out the root of the title. Documents are considered as root of the title. A good root of title is a document purporting to deal with the entire property conveyed, which does not depend upon the validity of any previous instrument and without inviting any suspicion on the title of the Vendor. It may also be described as a document of transfer of property showing nothing to cast any doubt on the title. An instrument, the effect of which depends on some earlier document is considered as an instrument with insufficient root of title. In India, there is no law which stipulates statutory period for examination of root or commencement of title. However, it is advisable to investigate the title for a minimum period of 30 years unless the circumstances warrant production of documents beyond 30 years. 

Though our law makes it obligatory on the part of the vendors to disclose the defects in title before the sale of a property, purchasers have also to exercise due diligence and investigate the title of the property before purchasing the same, to avoid future complications.

FORMORE

2BHK Apartments in Bangalore, 

Bangalore property,

Realestate in Bangalore,

A GUIDE TO SALES TAX ON APARTMENT BUILDINGS 

                                                 

Works Contract is most questioned and often litigated issue within the Court of Law, and conjointly between the client of the flat and promoter. the choice of the Hon’ble Supreme Court in Gannon Dunkerleys case stating that the expression “Sale of products as utilized in Seventh Schedule of Constitution has an equivalent which means as in Sale of products Act created the law commission in its sixty 1st report back to advocate to amend the Constitution of India - consequently forty sixth modification was passed in 1982. This authorized the states to pass laws to levy tax on transfer of property. the products concerned in execution of works contract is also within the kind of goods or in the other type. Article 269 of the Constitution provides for levy of tax on sale or purchase of products apart from news paper. Just in case of interstate trade and commerce, the tax is to be levied by Government of india, however assigned to the states within which tax is leviable.

Article 286 of the Indian Constitution works as restraint on the authority of an equivalent.

Work contract
One should distinguish the distinction between contract of sale of products contract of labor. The distinction is extremely skinny. Its terms of the contract and nature and  of the requirement to be discharged, that distinguishes works contract from contract purchasable.

In case of sale of products, product area unit delivered as they're to the client, whereas just in case of works contract, the products area unit delivered in an exceedingly changed type. this could be explained within the purchase of readymade house, that is sale of products and contract to construct a house, that may be a works contract. In purchase of readymade house, the home is delivered because it is, whereas just in case of contract for construction, the home is made victimisation numerous materials and delivered to the client. This can be well explained just in case HAL Vs State of province (1984) fifty five STC 314.

In another case HAL Vs State of orissa,Hon’ble Supreme Court has determined that in contract of works there's someone acting or rendering service on property, wherever as just in case of sale of property there's individual existence of the property as an entire, that is being delivered to the client.

Types of Contracts
There is no well established formula by that contract purchasable and contract of labor is distinguished.Any contract that contains not solely the work however conjointly needs product to be used is also of the subsequent 3 types;

Contract may be for works to be in hot water remuneration and also for provide of products in execution of labor. this can be a composite contract. 
It is also contract of labor within which use of materials is related to the execution of the work. this can be contract for work and labour not involving sale of products.

It is also contract for provide of products wherever some work is needed as related to sale. this can be strictly a contract of labor.
Agreements, wherever in land and buildings area unit sent to the potential client and correct stamp tax is paid on such conveyance area unit transfer of stabile property and aren't vulnerable to tax below sale tax laws.

Agreement with Builder

However we tend to shall examine cases, wherever developer executes General Power of professional in favour of builders for valuable thought such contracts is also any of the subsequent types;

Power of professional for valuable thought.

For valuable thought partially and partially by manner of made property.

Hon’ble Supreme Court in Raheja Development Corporation Vs State of province (Appeal [Civil]) 2766 of 2000 5/5/2000 determined that “the definition of works contract below province nuisance tax is extremely wide and not restricted to works contract, it conjointly includes “any agreement for finishing up either for money or for credit or for any valuable thought, the building and construction of any movable or stabile property.

Land being stabile property isn't to blame for payment of nuisance tax. However once associatey construction takes toward land through a freelance contractor on behalf of the builder, contractor execution the work is vulnerable to pay works contract tax.



Dual Role of Developer
We can also visualise a scenario wherever a builder himself acts as contractor.In such scenario the nuisance tax department considers the builder in twin capability as contractor and as owner/builder.The department is subjecting the builder to nuisance tax.The relevant case is Mittal investments corporation Vs. State of province that was determined by Hon’ble tribunal of province. it absolutely was control as follows;

If the building was 1st made and thenceforth in agreement to be sold-out, then it absolutely was an acquisition of stabile property that no nuisance tax is attracted.

According to the agreement, some advance has been taken at the time of execution agreement and also the balance quantity to be paid in fifteen instalments

It has not been established that at the time of agreement, whether or not construction has started by the builder.

The client should purchase the land from the client and not from the builder.

It isn't clear whether or not plans were approved, before the execution of agreement.

It was control that there's transfer of property in product and to blame for tax. On review petition it absolutely was control, the builder wouldn't be vulnerable to pay nuisance tax below section 5B in respect of buildings that are completed before getting in associate agreement and conjointly in respect of agreements that are entered when the development of the building was started.However, this was overruled by Hon’ble Supreme Court just in case of K. Raheja Development Corporation Vs. State of province

Inference

The question whether or not a selected contract is purchasable of products or contract for work or labour is extremely tough to work out. The distinctions and terms such by numerous courts aren't complete. They primarily linger over one or 2 points that have are available the cases, that area unit rigid and might be created applicable to all or any cases. The deciding issue would be the contents of contract, the circumstances of the group action of the prevailing custom of the trade.The levy of the works contract tax is on the materials utilized in execution of explicit contract, the property that is ultimately transferred.

Karnataka sales tax Act

The provisions regarding works contract below province nuisance tax Act were inserted with impact from 01.08.1985 however got impact from 1986.Section 2(29)(b) of KVAT Act traumatize the Works Contract, that refers to the property in product concerned in execution of works contract for money or credit. Section 2(37) defines “Works Contract” as works contract includes any agreement for finishing up for money, credit or different valuable thought, the building, construction, manufacture, processing, fabrication, erection, installation, fitting out, improvement modification, repair, or commission of any movable or stabile property.



The contractor should embody the nuisance tax within the quotation itself, in order that he will collect it from the principle and pay same to the Department, if not he should pay the nuisance tax on his own profit. The developer should embody this clause within the agreement to sell and collect the tax from the client of flat and remit an equivalent to the business Tax Department.

FORMORE

2BHK Apartments in Bangalore,

 Bangalore property,

 Realestate in Bangalore

About a Sale Deed

                                       

Sale Deed is also known as conveyance deed. This is the document by which the seller transfers his right to the purchaser, who, in turn, acquires an absolute ownership of the property. This document is executed subsequent to the execution of the sale agreement and after compliance of various terms and conditions detailed in the sale agreement.

Before the execution of the sale deed the title of the seller is to be established beyond doubt. Copies of the documents of title must be scrutinized by an advocate, well versed and experienced in property dealings.

If there is any encumbrance on the property, such encumbrance is to be cleared by the seller at his cost. All statutory payments like property tax, water and power charges and any other payments due on the property should be cleared before the execution of the Sale Deed. Any previous charges or mortgage should be clear before execution of the Sale Deed.

Clearances, and permissions required to be obtained by the seller should be obtained prior to execution of the sale deed. Latest encumbrance certificate of the property, subsequent to the date of the sale agreement up to the proximate date of sale deed should be obtained, and such certificate should be of nil encumbrances. All the persons having interest in the property should be made parties to the deed. Particular attention needs to be paid in case of purchase of properties from a Limited Company, Partnership Firm, Hindu Undivided Family, Trust, Power of Attorney Holder and Minor.

Draft Sale Deed

A draft Sale Deed, containing full details of the parties, advance amount paid, mode of balance amount payable, receipt of the balance amount by the seller, handing over the original documents of the property, handing over the possession of the property, handing over the authorization letter to transfer power and water meters, signing of the application for transfer of khata, title of the seller of the property, indemnifying the purchaser in case of defect in the title, easement rights, will be prepared by the purchaser’s advocate. Such draft Sale Deed should be captioned as draft Sale Deed and shall be signed by the purchaser’s advocate.

A copy of the draft Sale Deed will be given to the seller for his approval. The seller and his advocate will verify the draft sale deed and approve it, or may suggest suitable deletions, additions or amendments. The purpose is to bring forth the correct intention of the parties to the Sale Deed.

On approval of the draft Sale Deed, the same has to be prepared on a quality or a document paper. In Karnataka it may be prepared on good quality paper like bond paper or green paper and the stamp duty may be paid by way of demand draft or pay order or cash. The exact amount of stamp duty should be ascertained from the Sub Registrar office. Purchaser is liable to pay the Stamp duty as per value stated in the documents or as per the Sub- Registrar office value whichever is higher.

Execution

After the Sale Deed is prepared all the parties to the deed shall execute it by affixing full signatures. Each page should be signed by all the sellers. Any overwriting, cancellations, erasures and additions have to be authenticated by full signatures of the parties. The execution of the Sale Deed requires to be witnessed by two witnesses. The witnesses shall give their full particulars and addresses.

Sale Deed of immovable property of value more than Rupees one hundred needs compulsory registration. The duly executed sale deed should be presented at the jurisdictional sub-registrar office. All the parties, including the confirmation witnesses shall be present at the time of registration and admit the execution. Purchaser also has to be presented for the execution of the documents at the Sub Registrars office. In case the purchaser is not in position to be present before Sub Registrar, he can give Power of Attorney to any of his persons to sign and present the documents on his behalf. In case seller signs the Sale Deed, it is compulsory that through the registered Power of Attorney holder only can represent for him to present the documents before the Sub-Registrar.

Registration

In Karnataka, the Sub-Registrars office, take the photos of purchaser, vendors, witness and also their thumb impressions and print the same on the Sale Deed. The vendors has to produce all the original documents pertaining to the property to the purchaser. If the property is divided into one or more portions, the seller has to give certified copy or Xerox copy of the documents to the purchaser and has to give declaration to that effect. Generally, the larger portion holder should get the original documents. 

There is a time limit for presenting the documents for registration. The time limit is four months from the date of execution. Thereafter a grace period of another four months is allowed on payment of penalty. The maximum penalty is ten times of registration charges.

At times, the registering authorities may dispute the stamp duty paid. In such cases, the purchaser has an option of paying the additional stamp duty by way of cash or pay order. The purchaser may contest it in which case the Sub Registrar will do the pending registrations and send it to the Registrar of under Valuation to arrive at proper Stamp Duty.

Parties have to quote their Income Tax Permanent Account Number in case the transactions are done in cash for the property which values more than Rs 5,00,000. Parties, who have not yet been allotted Permanent Account Number, will have to file Form No.60 or Form No. 61 in case of Agriculturists.

The purchaser’s advocate has to take all precautions while preparing Sale Deed. It is a most important document and decides the fate of the purchaser. The purchaser has to preserve the Sale Deed very safely.

FORMORE

Advocate Selvakumar

Senior Advocates

Property Law

Intellectual Properties

NRI Matters

DOCUMENTS TO BE PRODUCED AT THE TIME OF REGISTRATION

                                                      

At the time of registration of the properties, varied documents are needed to be created at the Sub-Registrar's workplace. List of such documents might vary on the idea of the character of the property. In general, the subsequent square measure the classifications of documents, that square measure needed to be created at the time of registration:

a) An official document stating the dealings isn't offensive of the provisions of Section 22A of Indian Registration Act. 

b) Extract of the assessment Register for the aim of valuation of the property (Form No19 if the property comes inside Municipal space or type No. 9 and 10 just in case of panchayath area). 

c) If the property comes inside the limits of Corporation Khatha Certificate, Katha Extract and Latest Tax paid receipt.

d) Form No.1 prescribed below Karnataka Stamp (prevention of below valuation) Rules

e) Permanent Account No (PAN) issued by taxation Department or Declaration in type No.60 or 61 if the worth of the property to be registered exceeds Rs 5.00lakhs and wherever payment is created fully or part in money.

Agricultural land:

The sale and buy of agricultural land has several restrictions and in and of it several documents conformist to the requisites are needed for registration that is mentioned below:

a)Two copies of official document stating that the dealings isn't offensive of Section 22 A of Indian Registration Act.

b)Two copies of official document regarding owning agriculture lands.

c)If the property is granted land or of occupancy rights operative from Tahsildar

d)Declaration below section 81 A of Land Reforms Act.

e)Form no.1 prescribed in Karnataka Stamp (Prevention of below valuation)

f)Permanent Account No (PAN) issued by taxation Department

g)Declaration in type 60 or 61 if the worth of the property to be registered is quite Rs 5lakhs and wherever payment is totally or part through money.

h)'J' Form

i)Purchaser's pahani

j)Copy of the RTC referring to the Property to be registered 

Apartments:

The following are the documents needed to be created before the Sub-Registrar, at the time of registration of living accommodations.

a)Katha referring to the total land.

b)Tax paid receipt for the entire land.

c)Plan sanctioned by the Competent Authority.www.bangalore5.com

d)Floor arrange.

e)Form no.1 prescribed in Karnataka Stamp (Prevention of below valuation)

f)Two copies of affidavit stating that the dealings isn't offensive of Section twenty two A of Indian Registration Act.

Stamp Duty and Registration Charges:

Stamp duty needed to be procured the property coming back inside the boundaries of Corporation or a Municipality is eight.96% on the entire sale thought mentioned within the Sale Deed or on the value of the property, whichever is higher. For the properties that falls on the far side the boundaries of Corporation or CMC, the tax needed to be collectable is 9.04%. 

Registration charges collectable for the registration of the properties, regardless of its nature are 18 on the sale thought or the value, whichever is higher. With the exception of the higher than, scanning charges has got to be paid, which can usually be between Rs.400 to Rs.800.

Scanning of Documents:

After Telgi Scam, usage of Stamp Papers is prohibited in Karnataka. In various, a pair of Rupees Document sheet is created obtainable to the general public issued by the govt Department, who can got to take print out either in such Document sheets or may also use written report for identical. At the time of presenting such document for registration before the Sub-Registrar, details regarding the Vendor/s, Seller/s, tax and registration charges needed to be paid, are going to be recorded within the laptop, alongside the photos of the Vendor/s, Seller/s and willing Witness/s, if any. Further, name of the person distinguishing the Vendor/s also will be recorded within the laptop. afterward, print out of all the small print of the Vendor/s, Seller/s and willing Witness/s, if any recorded within the laptop, alongside their signatures, are going to be taken on the rear facet of the Sale Deed and when the Sub-Registrar signs on such sale deeds, details regarding the document variety, CD No and alternative relevant details are going to be keep within the Sub-Registrar’s workplace.

Registration of the documents opposition the general public policy: 

The Government of Karnataka has declared that registration of sure documents is opposition the general public policy that is listed below:

a) Agreement to sell, sale, gift, exchange, mortgage lease or assignment of that occupancy rights are granted below Chapter III of Karnataka Land Reforms Act 1061, in dispute of restrictions obligatory below Section sixty one of the aforesaid act and relevant rules.

b) Any agreement to sell, sale, gift, exchange or otherwise of land in far more than ceiling limits prescribed below Section 63 or 64 of Karnataka Land Reforms Act and in dispute of Section 74 of the aforesaid act and relevant rule

c)Agreement to sell, sale, lease, mortgage with possession or otherwise of any agricultural land to an individual, family, joint family with associate degree assured annual financial gain of Rs.40lakhs or a lot of from non agricultural supply in dispute of section seventy four of Karnataka land Reforms Act and relevant rules.

d) Agreement to sell, sale, lease, mortgage with possession or otherwise of any agricultural land to instructional, religious, charitable establishments, society, trust, company, association alternative body of people, cooperative society apart from cooperative farming society in dispute of section 79B of Karnataka land reforms Act subject to exceptions provided.

e) Agreement to sell, sale, gift, lease, mortgage with possession or otherwise of any agricultural land granted below Karnataka land grant rules subject to restriction obligatory on sale, transfer and specific use obligatory there below.

FORMORE

2BHK Apartments in Bangalore,

Bangalore property,

Realestate in Bangalore,

FAMILY partition

                                                 

Properties and human beings are inseparable. With progress and social change over the ages the urge to own property, wealth has acquired demonic proportions. In the present day world, immovable properties are the most valued assets one can possess.

The desire to own material possessions reared its head in the inquisitive mind of the Stone Age man. Thus women, children came to be his first personal assets, followed by immovable properties. While literacy and social outlook have elevated the status of women and children, there has been no change worth the name as to the status of immovable property as the personal asset of the human being. So long this state of affairs continues problems relating to property transfer will persist. From Stone Age to cement age, it has been a long haul.

Partition:

Partition is division of property held jointly by co-owners. When a property is divided each member becomes sole owner of his portion of the property. Each divided property gets a new title and each sharer gives up his or her interest in the estate in favor of other sharers. Therefore, partition is a combination of release and transfer of certain rights in the estate except those, which are easements in nature.

Partition is neither a gift nor a transfer of property. It merely breaks a joint right into several rights. It is not acquisition of property or exchange of property. It is a combination of release and conveyance of the rights of the property in favor of individuals. And therefore it can be affected orally. Partition is not transfer but when it assumes the form of transfer, the intention may be to hoodwink the creditors.

The basic character of joint Hindu family is that each member has inherited title to the property by birth. Each member has joint title to the entire property and that joint enjoyment of the title is converted by partition into separate title of the individual co-owner for his enjoyment. Therefore, it is now an established fact that partition is not transfer, but transformation of joint property.

There are some properties, which cannot be divided physically. If physical division is not possible, partition can still be affected by paying cash or other assets to a sharer in lieu of his or her share in the property. Such situation arises when the division of an estate is considered to be dangerous and unreasonable, and when such division dilutes the inherent value of the property, or when the immovable property is too small for division.

The instrument of partition is a document by which the co-owners of a property agree to divide the property among themselves by oral agreement or written agreement or by arbitration or through court. If a document of release shows that the executants are to get cash or other assets, the document is an instrument of partition. The basis of partition is equality. The parties shall share the property equally.

If there is no agreement among the co-owners for amicable division of the property, the only alternative is to sell the property by mutual consent or by court decree and distribute the sale proceeds among the co-owners. Any of the co-owners may also enforce partition through Court.

In a partition suit a court may have decreed partition of the property in the interest of the co-owners. But if it is found that the sale of the property and distribution of the proceeds to the co-owners is more beneficial, the court can at the request of the shareholders direct sale of the property and distribution of the proceeds to the co-sharers.

There are three types of co-owners: Joint tenants or tenants-in-common; Hindu Joint Family owners or coparceners; partners of a partnership firm. Under the Hindu Law in general everyone being a co-owner in a joint ownership has a right to claim his share and such right cannot be denied to him if the property is held as joint tenants. Since joint tenancy is unknown to Indian law, there is not much difference between joint tenancy owners and tenants-in-common.

Christians and Muslims hold properties as tenants-in-common or as joint tenants and partition of such immovable property can happen by mutual consent or by partition deed or by court decree or arbitration.

Partition in Hindu law covers two aspects. One is the division of the status of the members and the other is the division of the joint family property. In the former case, the members are divided according to heir standing in the joint family and in the latter case division of joint family property into separate shares. Share of a member depends on the status he enjoys in the family. These are interlinked. Partition must be according to law. If a minor gets less shares than he is entitled to in law, the partition is defective and he can re-open the same when he attains majority. If a member gets more than his share in a property, the excess received will be treated as a gift.

It is not necessary that all co-owners agree to partition. When a member desires partition, the property is divided into two portions one for the separating one according to his status and share and the rest jointly for the others. Though oral partition is allowed under Hindu Law, it is not preferable as it may give rise to disputes particularly with respect to immovable properties. It is advisable oral partition should be reduced in writing (palu patti). Also, the Income Tax Act does not recognize oral partition of a Hindu Family property unless the Income Tax Officer is satisfied with the facts and this is possible only when it is recorded in partition deed.

Effects of Partition:

When a property is divided into more than two parts, the co-owners of the different portions shall agree to hold their portions separately as absolute owners and each of them shall make a grant to release his share from portions give to others. Necessary covenants in a partition deed are about encumbrances on the property, quiet enjoyment, custody and production of title deeds, easements of necessity payment of rent and taxes and performance of other conditions of lease, if any, etc.

Partition of joint property is not an exchange. If it is reduced into writing, it must be registered in case of immovable properties. Deed of partition requires registration. Mere writing of previous partition does not require registration. Mere list of properties allotted to different co-owners does not require registration. Unregistered deed of partition though not admissible in evidence to prove the fact of partition, cannot be used to prove that a particular property was allotted to a particular co-owner as his share. 

Partition means collapse of joint ownership. It destroys the harmony of joint ownership and of possession. A large property falls into pieces over a generation or two. The land is very much there in bits and pieces in the name of different owners.

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