DOCUMENTS AND TAXES – GENERAL LIST FOR THE PURCHASE OF PROPERTIES


Transactions in immovable property are carried out by parties in properties containing the following elements:

GENERAL REQUIREMENTS

(All approvals, NOC, Licenses, Documents, Provisions, Rules, Regulations, Laws, Taxes, Charges, Fees, and Regulations are not applicable to all the properties.  Specific Requirements or eligibility or statutory documents for specific properties.)

Generic list

OWNERSHIP

Original owner.

Intermediary owners.

Promoter.

Developer.

Contractor.

Investor.

Marketing agency.

Prospective buyer.

Lending institutions.

Association of Owners.

Agreement Holder.

GPA Holder.

NATURE OF PROPERTIES

The following are the nature of properties:

Land.

Houses.

Flats/apartments.

Infrastructure.

Special amenities and facilities.

Sites.

Industrial Sheds and Lands.

Commercial Complexes.

RIGHTS

The following are the nature of rights:

Ownership.

Possession.

Leasehold rights.

Rights under a mortgage.

Easement.

License.

Lien.

SUCCESSION

There are two types of inheritance and succession:

Intestate succession i.e. by operation of personal laws.

Testamentary succession i.e. through wills.

TITLE

Three-tier legal scrutiny of titles is essential:

In the hands of the present owner.

In the hands of the prospective buyer for his benefits.

For the benefit of the lending institutions.

Issuing public notice in leading English and vernacular newspapers, inviting objections or claims, is recommended in all cases.

CHARGES AND OTHER LEVIES

1). Betterment Charges or Improvement Charges.

2). Lake Development Charges.

3). Solid Waste Charges (Municipal Area)

4). BWSSB charges or cell or penalty on buildings without OC.

TAXES

Properties attract the following taxation:

1) Gift Tax, Wealth Tax or any prevailing or applicable taxes.

2) GST (on the transfer of goods in contracts).

3) Income tax on income and capital gains.

4) Tax exemptions and deductions under special schemes for housing, economic zones etc.

5). Municipal Taxes or Property Taxes.

TAXES AND DUTIES AT THE TIME OF REGISTRATION

1). Stamp Duty.

2). Registration Fee.

MODES OF CONVEYANCE OR TRANSFER

The following are various modes by means of which any person can acquire any type of right, title, and interest in an immovable property:

  1. Direct purchase/transfer.
  2. Gift/settlement.
  3. Will/probate/succession certificate.
  4. Intestate succession and inheritance.
  5. Partition, release, family settlement, reunion.
  6. Family Arrangement.
  7. Partition among co-owners.
  8. Property as a capital contribution in a firm.
  9. Distribution of assets in a firm on reconstitution and on the dissolution of a firm.
  10. Private trust.
  11. Amalgamation, merger, de-merger and liquidation of companies.
  12. Rights and interests held through shares in companies, cooperative society etc.
  13. Adverse possession.
  14. Awards in arbitration proceedings.
  15. Orders and decrees of courts of law and other statutory authorities including Lok Adalats.
  16. By operation of various provisions of personal laws relating to Hindus, Mohammedans, Christians, Sikhs, Parsis, Jews etc.
  17. By operation of law under laws relating to other persons and legal entities including cooperative societies, other societies including mutual benefit societies and other Association of Persons.
  18. BDA sites.
  19. Land acquisition.

20.By grants were given or orders passed by Governments and statutory authorities.

  1. By a Conciliation, Order passed under section 19(v) (i) and (ii) read with Section 21 of the Legal Services Authority Act, 1977. Such an order can be passed by a High Court Judge and other competent authorities by which rights and interests between contending parties can be settled and established.

TRACING OF TITLES

The tracing of titles should begin with the tracing of the earliest documents available pertaining to the property which, probably, will pertain to the documents obtained by the first owner.

First owner: The earliest original documents, records, the order of a court or government or a statutory authority by which the rights to an immovable property is vested with the first owner.

Intermediary parties: The subsequent documents, records or orders of the type mentioned above, duly recording in a chronological unbroken sequence of legal acts, events, identifying and tracing the title in the hands of the various intermediate owners till the last owner i.e., the transferor.

Current owner: The documents of title with the current owner i.e., transferor, including the document by means of which he has acquired title and other documents like the Khatha, Encumbrance Certificate, and tax paid receipts up-to-date.

An investigation of these records must be made before a certification of these records by an advocate. The investigation is the verification of the actual existence of these records in the books/registers of the various departments mentioned above. Certification, on the other hand, is done only on the basis of records produced before an advocate on an apparent examination of the same by him.

CHARGES AND ENCUMBRANCE OF THE PROPERTY

Encumbrance Certificate

Various kinds of transactions and matters mentioned below will not be entered in Book-I maintained by Sub-Registrars and hence will not appear in an encumbrance certificate furnished either in Form 15 or in Form 16 by the Sub-Registrar exercising relevant jurisdiction. Hence, other modes of evidence and documentation are required to confirm the title. The following are the transactions and matters not included in the encumbrance certificate:

  1. Oral tenancy.
  2. Litigation in courts (Lis Pendens).
  3. Tax liabilities
  4. Unregistered mortgage by deposit of title deeds.
  5. Prior unregistered agreement
  6. 6.Oral Partition/Family Arrangement.
  1. Oral gift under Mohammedan Law.
  2. Unregistered will.
  3. Rights and interests held through partnership firms, Association of Persons, societies including cooperative societies, companies etc.
  4. Unregistered agreements, MOUs, the general power of attorney etc.
  5. Rights of third parties not directly recorded in documents.
  6. Orders and decrees of courts, statutory and tax authorities.
  7. Rights through possession, part performance, the equitable title under Section 53-A of the Transfer of Property Act, 1882.
  8. Physical Possession of the property and grounds or claims of possession.

SAFEGUARDS

Many safeguards must be taken to ensure the vesting of a clear, absolute and marketable title in the hands of the purchaser or any person acquiring any interest in the property in question in any manner whatsoever. Some of the safeguards are mentioned below:

  1. Obtain court permission for sale of minor’s share.
  2. Make all major co-parceners parties in case of Hindu Undivided Family.
  3. Ensure compliance with legal formalities by companies, other persons, and legal entities.
  4. Examine Government records, documents, and papers.
  5. Verify original documents of title and lodge the same with a common custodian in Escrow.
  6. Issue public notice through newspapers.
  7. Verify marketability of title.
  8. Make all other interested parties as parties in the transaction.
  9. Obtain confirmations and affirmations through affidavits.
  10. Obtain possession in part performance.
  11. Appropriate court action for injunctions, specific performance etc.,
  12. Resolve disputes through arbitration or through the family arrangement.
  13. Avail the benefit of other legal remedies and reliefs as provided under different transactions, different laws apply.
  14. Obtain the general power of attorney to derive powers and authority to carry out all acts in general and certain specified acts, deeds and things in relation to the immovable properties and the rights, interests, and title relating thereto.
  15. Register agreements and get attestation by Notary Public on documents.
  16. Obtain Encumbrance Certificates, tax paid receipts and certified copies of other papers and records held by statutory authorities.
  17. Verify if there are any restrictions relating to land granted including restrictions in respect of land of Scheduled Castes and Scheduled Tribes.
  18. Protect the rights or possession under section 145 of the Criminal Procedure Code from statutory authorities.
  19. Obtain Succession Certificate from the Jurisdictional Court, in case of intestate succession.
  20. Obtain Family Tree from the jurisdictional revenue authority appointed by the State Governments with powers delegated to issue the same.

* * *

Vital documents for acquiring BMP, BDA property

The following are the documents of title with respect to properties located within the jurisdiction of the Bangalore Mahanagara Palike which are to be obtained from the present owners and verified before purchase/acquisition by lease, mortgage:

Primary documents

1) Parent Deed by means of which the present owner/owners acquired title to the property.

2) Building sanction plan issued by the Chief Executive Engineer, BBMP, BDA, BMRDA or local planning authority, in case of a building constructed on the property.

Secondary documents

1) Khatha Certificate issued by the BBMP, BDA, GP in the name of the present owner/owners.

2) Khatha Extract issued by the BBMP, BDA, and GP.

3) Tax paid receipts issued by the BBMP/BDA/GP evidencing payment of taxes in respect of the property.

4) P.T. Sheet and Chalta issued by the City Survey Department containing the sketch of the property in question and its measurements.

5) 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.

6) Copy of the plan sanction issued by the BBMP/BDA/Local Planning Authority/BMRDA for the construction of a house or residential or commercial multi-storeyed building.

7) Copy of the Commencement Certificate of the BBMP/BDA/BMRDA issuing permission to commence construction of a multi-storeyed building.

8) Copy of the occupancy certificate issued by the Palike certifying that the building constructed on the schedule property is in accordance with the sanctioned plan.

9) Copy of the receipt evidencing payment of compounding fees to the BBMP or Revenue Authorities or Municipal Corporation or Town Municipal Council for regularising the deviation, if any, made from the building sanction plan.

10) Copy of the No Objection Certificate from the Fire and Emergency Services, HAL, AAI, KSPCB, BESCOM or other electricity suppliers, Water Supply (rural) or BWSSB, Coastal Area Authority(if applicable) Department.

11) Copy of the clearance to operate lifts in the building issued by the Chief Executive Engineer, BBMP, and Electrical Inspectorate.

12) Copy of the NOC/CFE/CFO/Clearance Certificate issued by the Pollution Control Board.

13) Copy of the Endorsement issued by the Director, Fire Services Department, by means of letter addressed by him to the BBMP/BMRDA/BDA or LPA stating that he has no objection to the  issuing an occupancy certificate in respect of building constructed on the property.

14) No Objection Certificate from the Airport Authority of India.

The documents mentioned in (6), (7), (8), (9), (10), (11), (12), (13) and (14) usually arise in the case of multi-storeyed buildings and large layouts.

BDA jurisdiction

The following are the documents of title with respect to properties allotted and/or sold by the Bangalore Development Authority to the present owner/owners which need to be obtained by every prospective purchaser:

PRIMARY DOCUMENTS

Allotment letter issued by the Bangalore Development Authority in favour of the present owner in respect of the property.

Possession letter issued by the Bangalore Development Authority in favour of the present owner in respect of the property, recording handing over of possession of the property to the present owner.

Absolute Sale Deed executed and registered in favour of the present owner by the Bangalore Development Authority in respect of the property after the expiry of 10 years from the date of allotment.

Building sanction plan issued by the Bangalore Development Authority where a building has been constructed on the property.

Secondary documents

Khatha Certificate issued by the Bangalore Development Authority in the name of the present owner/owners.

Tax paid receipts issued by the Bangalore Development Authority evidencing payment of taxes in respect of the property up-to-date.

Encumbrance Certificate (preferably in Form 15) issued by the Sub-Registrar exercising relevant jurisdiction from the date of allotment up-to-date.

APPROVALS/LICENSES/PERMISSION/CONSENTS/ORDERS/NOC

1). DC Conversion Order for the change of land use.

2). Change of Land Use from BDA, MUDA/BMRDA or Any other LPA.

3). Developmentpment Plan from BDA/BMRDA/LPA.

4). Sanctioned Building Plan from Municipal Corporations or TMC or GP as applicable.

5). NOC from BESCOM ( in case of Bangalore), BWSSB ( in case of Bangalore) AAI, HAL, GSI, Fire and Emergency Services, LDA, CFE and CFO from KSPCB.

6). In case of Coastal Areas, appropriate orders from Local Bodies.

7). NOC from KIADB, KHB, LAO, NH and BDA.

8). NOC Under Sec 79A and 79B, 7 and 7A and PTCL Acts. (specifically for agricultural lands)

9). RERA APPROVAL.

 

 

Rainy Season and the problems of low lying areas and illegal layouts-Water Pollution and Noise Pollution


Even before the onset of Monsoon, Bangalore received a good spell of rains, but the BBMP as usual was not prepared and the citizens suffered.

But, as a responsible citizen, cannot blame the system or the BBMP alone.

Illegal construction, blockage of drains, construction in the low lying areas are the main reasons for the flooding.

The revenue sites and the Converted layouts have blocked the normal flow of water in the canals, by forming illegal and unauthorised layouts and blaming the administration for their own mistake.

Water borne diseases are on the rise and the ground water is contaminated beyond repair.

All these illegal layouts discharge highly toxic sewage into the valleys or raja kaluve or in the soakpit, thus the lakes became poisonous and the ground water is highly contaminated as untreated sewage is let into the ground.  Later, the same people, drill borewell and use the contaminated water, resulting in skin and respiratory disorders.

All the social media abuzz with the dangers of water, air and noise pollution.  All these talks only on the internet and nothing useful has come out of it, till date.

Noise pollution is affecting the children, much more than the elders.  Everyday, the vehicles emit poisonous gases and ALTERED (ILLEGAL) SILENCERS AND THE SHRILL HORNS, POSE MAJOR RISK TO THE HEARING PROBLEMS.

The Police, the kspcb and the RTO have turned blind eye towards these illegal alterations and noise pollution.  The normal parameter set by the CPCB is 75db in the residential areas, whereas the vehicles, spew venom and with their shrill horns and silencers, make life miserable with 100db to 200db sound, which will make any normal human being DEAF, very soon.

APARTMENT COMPLEXES IN AND AROUND LAKES – BELLANDUR-KASAVANAHALLI, HARALUR, KAIKONDARAHALLI, AGARA, MADIWALA, VARTHUR, GUNJUR etc.,


 

Have you booked apartment in and around the lakes at Bangalore, which are yet to get the OCCUPANCY CERTIFICATE?

You may be in trouble.

AN EXAMPLE OF AN APARTMENT COMPLEX NEAR HALLA/RAJA KALUVE/STREAM/WATER FLOW GRADIENT/WITHIN 75 METERS FROM THE WATER BODY-OPPOSED TO NGT GUIDELINE- NOT SPECIFIC TO ANY BUILDING OR BUILDER-A SPECIMEN PHOTO ONLY

The KSPCB and the State Administration has taken a serious view and has directed as much as 500 industries (Major) and some 400 (minor) industries to be closed or shut down or stop their operation with immediate effect.

Simultaneously, the apartment complexes will be inspected for the treatment of sewage and will be directed to reuse the same without discharging it in the kaluve or communal sewer.

There are some huge apartment complexes coming up close to lakes on sarjapur road, yet to be completed, (Free Lunch) apartments, may not be worth residing at all.

While, the AKRAMA-SAKRAMA is still in the Supreme Court, and the akrama buildings and sites, which have illegally come up might have to be DEMOLISHED and must comply with the NGT orders.

 

NGT ORDERS ON THE CLOSURE OF INDUSTRIES IN THE BELLANDUR LAKE AREA – THE SAME RULE IS APPLICABLE TO ALL THE LAKE BUFFER ZONE –


KSPCB, pollution, has to take stringent action on the industries, who are polluting the lakes, not only the bellandur lake.  This order is applicable to each and every lake.

KSPCB officials know each and every detail of the industries in this zone.  They have to take action.

There are many washing and dying (clothes)(ready made) units shifted from a nearby state, are illegally operating in and around Tavarekere, madivala, gavebavipalya, electronic city, mangammana palya, parappana agranahara and the entire stretch and breadth of bangalore south.  It is said that there are over 90 units discharging highly toxic and pathogenic effluents into the communal sewer and raja kaluve, most of these units use cyanide ( for dyeing  and washing), but goes unchecked.

The ground water is not fit for human consumption in these areas.  The borewell water is toxic.

CRIMINAL CASES AGAINST NON FUNCTIONAL SEWAGE TREATMENT PLANTS ACROSS BELLANDUR LAKE AREA


Finally, the KSPCB, has woken up to the woes of the BELLANDUR LAKE FROTH and inspected some of the apartment complexes and industries, which were draining their untreated toxic effluents and discharge into the raja kaluve and to the lake and instituted 14 Criminal cases and have issued few (selected few) show cause notices to the violators.

Most of the sewage and untreated effluents flows into this lake is mainly from apartment complexes surrounding this lake area.  It is to be noted that many of the complexes are not constructed as per the sanctioned plan and does not have SEWAGE TREATMENT PLANTS and the few ones, which have the STP units does not function properly and the rest does not function at  all.

Some of the STP units exist for the sake of approval, but they never function and some does not treat the sewage at all.

 

POWER CUT AND OTHER PENAL ACTIONS AGAINST APARTMENTS AND INDUSTRIES DISCHARGING TOXIC, UNTREATED SEWAGE AND WASTE INTO THE LAKES – SEVER ACTION IS CONTEMPLATED


Severe action against apartment complexes, which are discharging untreated and toxic materials and waste into the lakes in Bangalore is being contemplated by the Government in order to stop the dying lakes and water pollution. The KSPCB and other Government Departments may disconnect power supply and initiate other penal proceedings, if the STP is not installed and the sewage is NOT treated properly.

The main reason behind the huge discharge of toxic waste and sewage in Bangalore south and east are the illegal Dying units (which are banned in Tamil Nadu) which are releasing highly toxic and pathogens into the raja kaluve and streams, industries and the illegal and unauthorized apartment complex, (B katha apartments) which do not have STPs.  Most of the residents use large quantities of detergents, cleaners, acids and chemicals and discharge them without properly treating the sewage, resulting in the pollution of water bodies.

During a review meeting, The KSPCB officials said untreated sewage released by apartment complexes was the main cause for the pollution of water bodies.

The state government has decided to cut off power supply to apartment complexes that do not have their own sewage treatment plants. Many apartment complexes in the city release untreated sewerage directly into lakes and other bodies, leaving them extremely polluted.

Hefty penalty for Air and Noise pollution in karnataka with immediate effect !!


State declares war on pollution!!!! Strange !!!
The Government of Karnataka has more than doubled the fine for noise and air pollution by an amendment to the Motor Vehicles Act, 1988, and with immediate effect.

Bangalore has more than 50 lakh vehicles that contribute to 42 per cent of all the air and noise pollution in the city. The rules in question are 115, 119, and 120 of the Central Motor Vehicles Rules, 1989, read with section 190 (2) of the Motor Vehicles Act, 1988.
The infringements the amendment will cover include using altered, shrill horns, altering the silencer of vehicles, and failing to have an up-to-date emission certificate. Officers of and above the rank of inspector of the motor vehicles department and officers of and above the rank of sub-inspector of police, along with traffic sub-inspectors who are within their respective jurisdiction have been authorised to slap fines on motorists found guilty of committing these violations.

Fines for Noise and Air pollution by vehicles.

1). Incessant honking and driving a polluting vehicle will now set you back by Rs 1,000 the first time and Rs 2,000 after that.

Mr.Rame Gowda said that “Increase in the penalty will definitely act as a deterrent,”

“The current fines are very low. In the future, people will definitely follow the norms and check their vehicles for emission on regular basis.

Pollution in Bangalore has reached alarming level. Due to heavy emission from the vehicles quality of the air has deteriorated. Pollution levels in residential areas are worse than industrial areas so we had to come up with something drastic. While we have increased the fine amount, the Centre too is goingto come up with tougher actions to bring down pollution.”
KSPCB chairman Dr. Vaman N Acharya said the existing fines were so low that motorists did not view them with seriousness. “The new fines will make them think twice before driving a polluting vehicle. These fees should specifically be applied to honking to see the change immediately. I welcome the move and feel that the noise and air pollution levels could be effectively checked henceforth.”

KEEP REMINDERS, SAY MOTORISTS 
Though the ‘pollution under control’ or emission certificates is mandatory for every motor vehicle, motorists often forget to carry it or renew it.

THE EFFECTS OF AIR AND NOISE POLLUTION

Dr Gururaj G, Professor and Head, Department of Epidemiology, National Institute of Mental Health and Neurosciences.
 The increased rate of pollution has several physical and psychological implications. Apart from causing respiratory and cardiovascular problems, one cannot ignore the large psychological implications that it can have in the long term. People who travel to work on a motorcycle have to battle the long hours of traffic and reach the work place and these factors could affect productivity. The pent up irritation and anger could lead to stress and affect both personal and professional life. The cases of road rage are higher when noise pollution levels are excessive. 
Dr. H Paramesh, pulmonologist and director, Lakeside Medical Hospital “The studies on the ill effects of emission began in 1991 after the increased rate of motorisation. Toxic emission from burning fuel could lead to a range of problems from asthma, pneumonia and cardiac problems. The number of patients suffering from persistent asthma has shot up by 25 per cent in the last few years.