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Saturday, March 29, 2014

TITLE SCRUTINY DOCUMENTS AND THEIR MEANINGS

In earlier posts we had provided a guide before you buy your dream property; and (2) a guide after buying your dream property. We have also provided (3) checklist for purchasing various immovable properties. In this post we wish to provide the different documents involved in the title scrutiny and their meanings, which are:

MOTHER DEED OR PARENTAL DEED
This is a document that traces the origin of property as well as other relevant conveyance deeds. Tracing ownership should always begin with scrutiny of the earliest document recorded. Earlier title or conveyance documents are called mother or parent deed.

ENCUMBRANCE CERTIFICATE
Encumbrance is a charge or a liability created on a property. The encumbrance certificates disclose all the registered encumbrances on a particular property for a specified period. It is advised to verify encumbrance certificate for 42 years for a particular property.

RTC OR RECORD OF RIGHTS OR PHANI
The record of rights provide various information about a particular land, about survey number, sub-survey number, area of land, kharab land, nature of soil, owners, mortgages, charges, mutations, tenants, cultivators of the land and crops grown. In short the record of rights issued by the village accountant is collection of various revenue matters regarding a property.

MUTATION EXTRACT
Mutation extract contains the extract from the mutation register or inheritance certificate with details of owners, mode of acquisition of the property and the order stating that the khatha may be transferred to the name of the present owner.

 FAMILY TREE OR VAMSHAVRIKSHA
Family tree certified by the Village Accountant/revenue inspector clearly indicates the genealogical tree in the form of flow of chart, the names and whether the persons mentioned therein are living or dead.

PATTA BOOK
A patta book contains information in respect to the payment of land revenue and other Government dues and information regarding cultivation and areas of crop sown in it.

TAX PAID RECIEPTS
This receipt reflects the total tax paid by a person on his property and the period for which the tax has been paid.

AKARBAND EXTRACT
This is issued by the survey department; it indicates the total extent, boundaries and classification of the property in question.

HISSA TIPPANI BOOK EXTRACT
This 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 along with its bifurcated portions and the names of owners of each sub-survey number.

TIPPANI
This is issued by the survey department; it is a sketch of the property comprised in a single survey number without any bifurcation into sub survey numbers. It discloses the measurements of the property.

PHODI EXTRACT OR PODI PRATHI EXTRACT
Issued by the survey department, it indicates the bifurcation made on a survey number into sub-survey numbers.

HUDBUST REGISTER EXTRACT
It is a sketch issued by the survey department clearly showing the boundaries fixed on the land marked by boundary stones.

KARAB UTTARU EXTRACT
It is issued by the survey department 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.

ATLAS
It is issued by the survey department showing sketch of the property in question issued in respect of any survey number after its bifurcation from a parent survey number. It also shows the measurement of the property.

SAGUVALI CHIT OR GRANT CERTIFICATE
The saguvali chit is also called the certificate of grant. This establishes the title of the person named in the Saguvali Chit to the land granted. A sketch of the land granted will be annexed to the Saguvali Chit. The grant of the land is subject to the conditions detailed in the Saguvali Chit.

VILLAGE MAP
This is issued by the survey department; it indicates the map of the village in which the property in question is situated.

KARDA COPY
This document shows that the occupant or the eldest or principal of several joint occupants, whose name is entered in the Government records, as holding unalientated land, whether in person or by his co-occupant, tenant, agent, servant or other legal representatives.

RR BALABAGADA NAKALU
The Assistant Director of Land Records issues this survey record 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.

FORM-7 & 7A ENDORSEMENT ISSUED BY THE TAHSILDAR
This is an endorsement issued by the Tahsildar stating that no tenancy claims have been filed in Form No.7 and 7A in respect of the property in question before the Land Tribunal constituted for this purpose.

SEDCTION 79A & B ENDORSEMENTS
These endorsement certify that there are no cases against the person owning the agricultural land, and whether he is an agriculturist or not, conforming to the prescriptions of section 79A and B of the Karnataka Land Reforms Act 1961.

ENDORSEMENT UNDER PTCL ACT
This endorsement is issued stating that there are no pending proceedings initiated against the owners of the property under the provisions of Karnataka Schedule Castes and Schedule Tribes (Prevention of Transfer of Certain Lands) Act, 1978.

ENDORSEMENT FROM THE SPECIAL LAND ACQUISITION OFFICER/ BDA/ KIADB/ K.H.B/ BBMP
It confirms that there are no acquisition proceedings in respect of the property in question.

CONVERSION ORDER
Conversion order issued by the Deputy Commissioner under section 95 of the Karnataka Land Revenue Act, 1964, the conversion order prescribes certain conditions and mentions whether the land has been converted for residential, commercial, industrial, public or semi-public uses.

KATHA CERTIFICATE
Katha certificate is issued by the local authority and is an account of the property. It provides the details of the owner.

KATHA EXTRACT
Is an extract from the assessment register, it has details of the property like the name, size, use, value and tax assessment.

FORM NO.9, FORM NO.10 AND FORM NO.11
Form No.9, 10 and 11 are issued by the village panchayat.  These forms are issued after the conversion of the property; Form No.9 contains katha and assessment. Form No.10 is the katha and Form No.11 is entry evidencing the transfer of khatha.

BETTERMENT CHARGES
Receipt for having paid the development charges to the concerned authority.

LAYOUT PLAN
It is the plan approved by appropriate authority for construction of apartment or formation of layout. The plan will provide details of the floor and units constructed on each floors.

COMMENCEMENT CERTIFICATE
This is a certificate from the concerned authority allowing the builder for commencement of construction of the apartment.

OCCUPANCY CERTIFICATE
The occupancy certificate means that the building has been constructed according to the permissible plans and is ready to occupy.

Prepared by: S. Hemanth
Advocate at Hemanth & Associates
Email: legal@hemanthassociates.com

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