Tuesday, 30 September 2014


Advocate S Selvakumar|Property advocates in Bangalore|Property lawyers in Bangalore

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)
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.City Survey records;
a.P.T. sheet
b.Field book register
c.P.R. Card
d.City survey enquiry report

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 are needed.
9.In case of high rise building, the permission to be obtained from the subsequent departments:
a)Airport authority of India
c) B.E.S.C.O.M
e)Fire Force
f)Pollution Board
10.Commencement and 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 are required:

1. Memorandum & Articles of Association of the corporate.
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.

1.Regd. Trust deed
2.Resolution/Authorization letter among trustees authorizing members purchasable and get of property.


Monday, 29 September 2014


Advocate S Selvakumar|Property advocates in Bangalore|Property lawyers in Bangalore

Having mentioned regarding leave and licence within the previous issue, we tend to shall study the lease of a property during this issue.
Lease is mode of conveyance of property, totally different from leave and licence and sale, gift, exchange etc. In leave and Licence, the Owner of the property doesn't transfer of any of his rights, and just in case of sale, gift or exchange, the owner transfers his entire right, possession, and possession of the property. Just in case of lease, the owner elements along with his right of possession, however retains the proper of possession.Typically such a transfer of possession is for sure and united amount for a few united thought.

The one who transfers the possession (owner) is that the owner and also the one who gets the proper of possession is that the leaseholder. The thought paid by the leaseholder is rent/premium. In English Law, the transfer of interest within the property is named ending.  The words property owner and tenant are used rather than owner and leaseholder severally.

Section one zero five of Transfer of Property Act defines Lease. While not bothering regarding the legal jargons, we tend to shall attempt to perceive vital ingredients of Lease. They are:-
1.It involves transfer of right to fancy the property (possession).
2.The period of lease ought to be sure, i.e. the date of commencement and date of expiration.
3.The thought for lease shall be periodical payment termed as rent or premium or each.

There is a distinction between rent and premium. Consolidated, A fee owed in payment is premium and owed in an exceedingly given amount is rent. The proper of the owner to receive the premium/rents is named interest rights.

In alternative words, lease is kind of encumbrance on property within the kind of a right to possession and delight of property closely-held by another person. This is often legal separation of possession from possession.There are differing types of Lease relying upon the period.  Perpetual Lease, abidance at can, abidance by sufferance, abidance by holding over, periodical Lease and Lease for mounted term.

English Law doesn't acknowledge the Perpetual Lease, however Indian Laws have given legal validity as per Section one zero five of the Transfer of Property Act, consistent with that lease could also be for a definite time or in permanence.Abidance at can is lease, that is impermanent at with at pleasure of each the parties. If an individual is lawfully in occupation of a property, he's not a intruder and doesn't become a tenant holding over and such abidance is by sufferance.  

There is a fine distinction between abidance by sufferance and abidance by holding over. A tenant who continuous to be in possession of the property when the determination of the lease whiles not the consent of the owner is abidance by sufferance.  In distinction, if it's with the consent of the owner it's a abidance holding over. Section 116 of the Transfer of Property deals with abidance by holding over.The determination of the lease means that termination of the lease amount. The owner, when such termination could consent for continuance of the lease by acceptive the rents although with none agreement. Periodical lease is for sure amount that is calculable by due notice.  The lease for mounted amount is granted for sure amount which can be long or short.

The transfer of Property Act has prescribed the mode of computing lease amount.  The Section a hundred and ten is that the relevant section. Once the lease is restricted by time and aforementioned to start from a specific day. Such specific day ought to be excluded whereas calculative the lease amount. however this rule doesn't have application in month to month abidance and there's no have to be compelled to omit the primary day of the month whereas calculative the lease.

If the lease is mentioned year or years and if the agreement doesn't contain any condition of commencement of lease, the lease can run throughout the complete day of the day from that such time commences. If the agreement doesn't mention the date of commencement, the lease starts from the date of execution. In general, the day of the commencement must be excluded, whereas its day is to be enclosed in calculative the lease amount.

The Transfer of Property Act provides the procedure for crucial the lease period; if the agreement doesn't specifically contain any such condition. The lease for agricultural or producing purpose is year to year. this will be termination by six months notice by either of parties.

The lease for the other purpose is month to month impermanent by fifteen days notice by either of the parties. the amount mentioned within the notice commences from the date of the receipt of the notice. The notice ought to be in writing and signed by the owner or leaseholder or his representative. The notice could also be sent by post (Registered post for purpose of records) or could also be delivered in person to the opposite party or his family, servants against acknowledgement. Just in case the delivery by post or in the flesh isn't doable, the notice could also be mounted to conspicuous a part of the property.The notice of fifteen days stipulated ought to finish by the tip of the abidance month.  

Any lease of immovable property for any term exceptional one year must be created solely by a registered deed and lease but one year created by a registered instrument on unregistered or oral agreement followed by delivery of possession. But all told cases, the agreements attract stamp tax, that varies from state to state and conjointly relying upon the lease amount and quantity. In straightforward words, payment of stamp duty is should and registration of instrument is ex gratia just in case of abidance of but one year and may be a should if it's over one year.


Saturday, 27 September 2014


Advocate S Selvakumar|Property advocates in Bangalore|Property lawyers in Bangalore

Title over the property is that the predominant criterion to determine the possession. Before getting a property, it's important to trace the origin of the property, flow of title and also the gift standing so as to once and for all ascertain the valid possession of an individual. For the straightforward reason that, a defective title causes larger hardship to the emptor, who incurs loss for having endowed his hard-earned cash over the property that isn't marketable.

Application of Laws
The foremost exercise to determine the possession is tracing of the title of this Owner. This Act warrants knowing regarding the prevailing Central and State Laws governing such transactions. aside from this, Legal information regarding the private Laws referring to totally different communities is additionally one in every of the essential pre-requisite since the devolution of the property referring to different Communities are ruled by their own Personal Laws. At times, it might be troublesome to conclude on UN agency are the right and necessary parties to the conveyance.

Documents availableness
The investigation regarding the title and possession begins with scrutiny of obtainable documents. Sometimes, the mandatory documents might not be on the market because the same would are lost unknowingly and also the case might also be that on the market documents might suffer from sure discrepancies creating them defective or incomplete.

Such circumstances build the difficulty a lot of sophisticated. just in case of the documents being lost, the sole remedy is to use for the certified copy of such document from the involved Sub-Registrar workplace. Encumbrance Certificates, being a public document, are often applied within the involved Sub-Registrar workplace by anybody. However, looking forward to the certified copies of the documents while not correct proof of the first being lost and real efforts being created for tracing constant and Encumbrances Certificate, which, generally might not mirror all the transactions that may have taken place, would build it terribly troublesome to probe the previous history and ascertain this standing.

Fake Transactions
Nowadays, creation of dishonest documents is on the increase. sure individuals, in connivance with some unscrupulous administration, who are at home with the procedures, involve in making false documents, records for unlawful gain and with the intention of cheating innocent Purchasers.

It is not stunning to examine names of these, who don't acquire or derive any reasonably right over the land, would be mutated within the involved revenue records and Khatha being issued in their names. Taxes are being collected by the involved authority, which is able to adversely have an effect on the Rights of the first Owner and any sequent sale in favor of the innocent emptor doesn't convey or confer any reasonably right over the property.

In such a scenario, title report ready by an Advocate once distinctive the genuineness of such documents with due diligence can facilitate the emptor in averting any act of fraud. However, it'll not invariably be doable for all the Advocates to spot the defective or dishonest documents. Gullible individuals, who dream of owning a roof over their heads, are the victims of those pernicious transactions. a lot of typically the Purchasers don't approach the Advocates for steering and that they ar invariably misguided by the packaging given purchasable of such properties. sadly, the worth of the property is decided a lot of by the kind of constructions than by the title the vendor possesses.

The demolition drive conducted by the metropolis Development Authority itself substantiates the presence of sure parts whose main domain is to form false documents and cheat innocent Purchasers. The emptor invests substantial hard-earned cash in such a property that doesn't have marketable title and settles for nap solely to be woken up by the thundering sounds of approaching dozer at the threshold. Adding to the misery of such emptor, the first Owner tries to interfere with the possession in defensive the title over such property, departure the emptor within the lurch of unwanted litigations.
Title Insurance:
It is below this state of affairs, the construct of Title Insurance truly evolved, that is extremely common in sure foreign countries. Title insurance could be a contract between the non depository financial institution and Insured. The Purchasers of the property typically acquire Title Insurance cowl. The non depository financial institution, on payment of premium guarantees the title of a specific property to a specific person on sure date. The non depository financial institution conjointly compensates the insured for any loss incurred on account of defective title of such a property.

Under the construct of Title Insurance, the title guarantee provided is within the type of indemnity guarantee. The insurance underwriter guarantees the title of a specific immoveable property sure enough date that is obvious within the records. However, guarantee on the title is given solely once thorough investigation regarding the title. This guarantee is subject to conditions like free from defects, no subsisting encumbrance and liens as delineate within the title guarantee, which is able to satisfy the Insured against the concern of entangling with the property having defective title.

In alternative Countries, in contrast to in Bharat, documents referring to the property ar maintained by the govt. Departments in a very systematic and clear manner while not giving any scope for middlemen to interfere and manipulate the documents. The nondepository financial institution indemnifies the insured for any loss suffered on account of any defects that exists as on the date of insurance. The insurance corporations defend the title at their own value against any defects found to exist on the date of policy. This is a shield/protection against any defects that don't seem to be derived whereas tracing the title.

Defective titles
The defective titles ar of the many varieties. many examples:
a)Transactions supported solid documents like Sale Deed, deed of conveyance, etc.
Documents dead by impersonation.
b)Untraced legal heirs/undisclosed legal heirs not being created parties to the transactions.
c) Revoked Power of lawyer, void Power of lawyer by the death of the Donor.
d)Pending proceedings in Foreign Countries involving bankruptcy, divorce, probate etc.
e) Documents executed by minors, lunatics, insane persons, who don't disclose their incapacity whereas capital punishment the documents.
f) Documents executed by mistake, like cancellation of mortgage, etc.
g) Documents executed in violation of Laws.
h) Documents executed by Guardians on behalf of minors in violation of statutes.
i) Transactions by Kartha on behalf of HUF that don't seem to be necessary for legitimate desires of the family.
j)Sale of Properties throughout lispendens.

The construct of Title insurance is, indeed, not on the market in Bharat. This facility is obtainable by several Insurance corporations in Western Countries like America and Australia. Availing such insurance against defective title is often mirrored in records. Since the construct of Title Insurance isn't on the market in Bharat, the title report remains the sole genuine document to believe, before assessing the marketability and fungibility of the property and also the purchaser is needed to be further cautious to make sure the proper title to avoid risks of defective title. However, the requirement for title insurance is extremely abundant felt in Bharat with the increasing instances of dishonest transactions.

The scope and potential for title insurance is plentiful. The encumbrance lies on the govt. to require initiative for introduction and implementation of such a policy in Bharat so as to discourage and avoid prohibited activities of making documents with a motive for cheating public for unlawful gains.