LEGAL CHAT
Secondary documents of title for agriculture land
N.C.S. RAGHAVAN
ARVIND RAGHAVAN
Let us look at documents of title of different kinds of properties to be obtained from the present owners and verified before their purchase/acquisition by lease, mortgage etc. The secondary documents of title with respect to agricultural land are:
1. Tax paid receipts issued by the Village Accountant.
This document reflects the total tax paid by a person on his property and the period for which the tax has been paid.
2. Form - 7 & 7A Endorsements issued by the Tahsildar.
This endorsement is issued by the Tahsildar stating that no tenancy claims have been filed in Form No.7 or 7A in respect of the property in question pending before the Land Tribunal constituted for this purpose.
3. Karda Copy. It signifies the occupant or the eldest or principal of several joint occupants, whose name is entered in the Government records as holding unalienated land whether in person or by his co-occupant, tenant, agent, servant or other legal representatives.
4. RR Balabagada Nakalu: It is a survey record issued by the Assistant Director of Land Records showing the name of the owner, the total extent of land, the extent of kharab land and the net extent of land in respect of sub-survey number after the parent survey number has been bifurcated.
5. Hissa Tippani Book Extract: It is 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 alongwith its bifurcated portions and the names of owners of each sub-survey number, the relevant entry in the mutation registers pertaining to each owner.
6. 79AB Endorsement issued by the Assistant Commissioner. This endorsement contains a statement that there are no proceedings under section under Section 79A or B of the Karnataka Land Reforms Act, 1961, in respect of the property in question.
7. P.T.C.L Endorsement: This endorsement issued by the Tahsildar clearly states that no proceedings have been initiated against the present owner of the property under the provisions of the Karnataka Schedule Castes and Schedule Tribes (Prevention of Transfer of Certain Lands) Act, 1978.
8.Village Map issued by the Survey Department. This document clearly indicates the map of the village in which the property in question is situated.
9. Tippani/Atlas copy issued by the Survey Department. Tippani is a sketch in respect of a property which is comprised in a single survey number and is not bifurcated into sub-survey numbers. Atlas is also a sketch of the property in question issued in respect of any survey number after its bifurcation from a parent survey number. Both these documents disclose the measurements of the property.
10. Akarband Extract issued by the Survey Department indicates the total extent, boundaries and classification of the property in question.
11. Podi Prathi Extract issued by the Survey Department indicates the bifurcation made on a survey number into sub-survey numbers.
12. Hudbust Register Extract issued by the Survey Department is a sketch clearly showing the boundaries fixed on the land marked by boundary stones.
13. Karab Uttaru Extract issued by the Survey Department is a document which indicates the extent of kharab land in the property in question and the classification of the kharab land as ‘A’ Kharab or ‘B’ Kharab.
14. Endorsement from the Special Land Acquisition Officer/BDA /KIADB/KHB/BMICP etc., confirming that there are no acquisition proceedings in respect of the property in question.
15. Encumbrance Certificate in Form No.15/16 for a period of at least 30 years from the office of the Sub-Registrar exercising relevant jurisdiction over the property in question.
Additional documents in case the property in question has been converted from agricultural to non-agricultural uses and purposes:
1. Conversion Order issued by the Deputy Commissioner or Assistant Commissioner as the case may be under section 95(2) of the Karnataka Land Revenue Act, 1964, exercising jurisdiction over the property in question. The order also prescribes certain conditions and clearly mentions whether the land has been converted for residential, commercial, industrial, public or semi-public uses.
2. Receipt evidencing conversion fine paid as levied under Section 95(7) of the Karnataka Land Revenue Act, 1964, in the form of a challan to the State Government Treasury at the rates prescribed for various uses and purposes in the table under Rule 107 of the Karnataka Land Revenue Rules, 1966.
3. Conversion certificate issued by the Tahsildar confirms the conversion order and the conditions contained therein.
4. Form No.1, Form No.11 and 12 issued by the Village Panchayat. These forms are issued by the Panchayat after the conversion of the property has been done which contains the tax assessment in Form No.12, the Mutation Entry evidencing the transfer of Khatha in Form No.11 and the Khatha Certificate in Form No.1.
5. Non-agricultural register extract (Form No. 32) issued by the Revenue Department contains an extract from the Register mentioned above in which the entry and details of lands converted are entered.
In Tamil Nadu and Kerala, documents of title are similar in nature and are known as "Adangal", "Patta", “Chitta”, etc.,
Documents of title with respect to properties located within the jurisdiction of the Bangalore City Corporation (Bangalore Mahanagara Palike):
Primary documents of title: Parent deed by means of which the present owner/owners acquired title to the property. Building sanction plan issued by the Chief Executive Engineer, Bangalore City Corporation, in case a building is con
structed on the property.
Secondary documents of title: Khatha Certificate issued by the Bangalore City Corporation in the name of the present owner/owners. Khatha Extract issued by the Bangalore City Corporation. Tax paid receipts issued by the Bangalore City
Corporation evidencing payment of taxes in respect of the property. P.T.Sheet and Chalta issued by the City Survey Department containing the sketch of the property in question and its measurements.
Encumbrance Certificate (preferably in Form 15) issued by the Sub-Registrar exercising relevant jurisdiction over the property for a period of not less than 30 years.
Copy of the plan sanction issued by the Bangalore Mahanagara Palike for the construction of a house or residential or commercial multi-storeyed building. Copy of the Commencement Certificate issued by the Bangalore Mahanagara Palike issuing permission to commence construction of a multi-storeyed building. Copy of the occupancy certificate issued by the Bangalore City Corporation certifying that the building constructed on the Schedule Property is in accordance with the sanctioned plan.
Copy of the receipt evidencing payment of compounding fees to the Bangalore City Corporation for regularising the deviation, if any, made from the building sanction plan. Copy of the No Objection Certificate from the Fire Services Department. Copy of the clearance to operate lifts in the building issued by the Chief Executive Engineer, Bangalore City Corporation.
Copy of the Clearance Certificate issued by the Pollution Control Board.
Copy of the Endorsement issued by the Director, Fire Services Department by means of letter addressed by him to the Bangalore City Corporation stating that he has no objection to the Bangalore City Corporation issuing an occupancy certificate in respect of building constructed on the property.
No Objection Certificate from the Airports Authority of India.
The documents mentioned in (vi), (vii), (viii), (ix), (x), (xi), (xii) (xiii) & (xiv) usually arise in the case of multi-storeyed buildings and large layouts.
(N.C.S. Raghavan is a chartered accountant and Arvind Raghavan, an advocate)
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