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Post-registration activities are the steps to be
undertaken by the Purchaser after registration of the sale deed. There are certain
requirements to be fulfilled in order to get valid title and to exercise
ownership over the immovable property by the Purchaser.
The following are the essential activities required to
be carried out by the Purchaser after registration:
1. Obtain
Original documents:The first and the foremost activities to be performed by
the Purchaser is to obtain all the original documents including link/connected
documents of title from the Seller and to compare them with the Photostat
copies which the Purchaser’s advocate would have scrutinized earlier. If the Advocate calls for the other original
documents or certified copies, ensure production of the same. It is always
advisable to apply for Certified copies of the sale deed.
2. Encumbrance
Certificates:It is also necessary to register the application for updated
Encumbrance Certificate in the Sub Registrar’s Office on the day of
registration itself, which shall be from the date of entering into an agreement
to the date of execution of the sale deed.
3. Possession of
property:Physical possession of the property is of vital importance. It is
advisable to inspect the property a day ahead of registration to make sure that
the property is as per the sale agreement. One of the clauses to be
incorporated in the sale agreement is that the Vendor shall hand over vacant
possession of the property and the purchaser shall receive all the keys of the
property at the time of registration. If
need be, one may change the main door lock itself.In case of vacant sites, it
is necessary to put up a display board with the wordings “This property is
owned by “so and so”.
Tresspassers will be prosecuted.” Fencing of sites or putting up compound
walls, though expensive, is preferable.
Periodical visits to the site are a must to detect any a kind of
encroachment.
4. Transfer of
Khatha and Khatha extract of the property:After registration of the sale
deed, the purchaser must ensure that the Khatha in the records of the local
bodies like Gram Panchayat, CMC or the City Corporation is transferred in the
name of the Purchaser. For such
transfer, it is necessary that both the buyer and the seller have to sign the
application for transfer of Khatha, which is done simultaneously while signing
the sale deed. This is necessary to avoid unnecessary disputes and
complications in future.
Duly filled Khatha Transfer applications have to be
presented before the concerned Office, along with a copy of the sale deed and
receive necessary acknowledgement. At
the time of execution of the sale deed, the Vendor has to sign certain
documents, such as:
-Letter for transfer in favour of the Purchaser of
Statutory deposits for electricity meter
-Letter for transfer in favour of the Purchaser of
Statutory deposits for water, sanitary connections
-In case of second hand sale of apartment, letter for
transfer of Apartment Membership and Corpus fund has to be obtained by the
Purchaser from the seller.
The following is the procedure involved for transfer of
Khatha:
-To present an application in the prescribed form in
the Office of the City/Town Municipalities or Corporation having jurisdiction
along with the supporting affidavit giving all particulars required in the
application. In the affidavit, it is necessary to declare that the Purchaser is
the present owner.
-To enclose Certified copy of the sale deed with the
latest tax paid receipt of the property.
-To furnish Khatha Certificate standing in the name of
the Vendor.
-The sketch showing the locality giving particulars of
the ward or zone and name of the street, etc., and deposit the fee prescribed.
Local bodies transfer Khatha in the name of the
Purchaser after collecting a transfer fee, which is generally 2% of stamp duty
paid on the sale deed and issue written confirmation of transfer in the name ofthe Purchaser. While transferring the
Khatha, local bodies reassess the property and issue assessment notice in the
name of the Purchaser. Further, tax paid receipt should be in the name of the
new owner/Purchaser.
For the properties falling within the jurisdiction of
either BMP or BBMP, Computerised Khatha Certificate and Khatha Extract will be
issued. Khatha Certificate is an authenticated document to prove the ownership
and possession of a particular person over the immovable property. While Khatha
Extract will be issued this reflects the actual site area and built up area, if
the building is existing. Further,
property tax required to be paid will also be reflected in the Khatha Extract,
which will be arrived at after reassessment.
5. Building
License and Plan: If you are planning to make any material alterations or
propose to construct a new building on the property acquired by you, it is
necessary for you to get the license and plan approved by the local body within
whose jurisdiction your property falls.
This can be obtained only after depositing the prescribed fees. In order to get the License with approved
plan from the authorities, the Khatha of the property must stand in your name
in the revenue records of the concerned local body and up-to-date taxes ought
to have been paid. The normal procedure
for securing License with approved building plan is to obtain 10 sets of blue
prints of plans from the licensed architect/building engineer.
Construction has to be commenced after the license is
obtained and should be completed within 2 years from the date of obtaining the
license and approved plan, which will be stipulated in the Plan itself.
However, you can get an extension if the construction could not be completed within
the stipulated period. Once the construction of the new building is completed,
you must get such a house/building assessed afresh and pay taxes as assessed by
the concerned revenue authorities.
6. Electricity
connection: After Khatha is
transferred in the name of the present owner, he has to ensure whether the
statutory payments/deposits in respect of the property including the
electricity charges are paid within the stipulated time.
If fresh or new electricity connection is to be
obtained, it is essential to enlist the services of a Licensed Contractor. The amount of deposit to be made depends upon
the requisitioned load or number of kilowatts required. In case the property is already serviced with
the electricity connection, an application has to be presented by the Purchaser
in the prescribed form before BESCOM (in Bangalore)/concerned Electricity
department authority having competent jurisdiction, enclosing an affidavit
declaring that you are the present owner and by filling up the particulars required
in the application along with the consent letter of the previous owner for such
transfer. Subsequently, the electricity
connection/meter will be transferred in the name of the present owner.
7. Water and
Sewage connection: The purchaser should also verify the statutory
payments/deposits made by the previous owner and collect such deposit receipts
from him. For fresh connections, it is desirable to enlist the services of a
qualified plumber. In case your property
is already has water connection/s, then same procedure as required for change
of electricity connection has to be followed.
However, the documents are to be presented before the concerned
Municipal Administration authorities connected to Water and Sewage departments.
8. Corpus fund
and club membership: If the Purchaser is intending to purchase an apartment, it is also necessary that the Vendor has to issue a letter for
transfer of corpus fund and club membership in the name of the Purchaser.
9. Bank Loan:
In case the Purchaser wants to avail Bank loan, then the Purchaser is
required to deposit all the relevant title documents in original with the Bank
and to obtain endorsement to that effect from the concerned Bank. However, it
is advisable to keep Photostat copies of all such documents intended to be
deposited with the Bank for personal records.
Thus, mere execution of the Sale Deed does not
automatically confer the title in favour of the Purchaser. A person can enjoy
legal and peaceful possession and enjoyment over the Property only after
ensuring that the post-registration activities are fully completed and
satisfactory complied with.
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