| Transfer of Property Process in Karnataka |
Transfer of Property Process in Karnataka
Transfer of property especially immovable property like sale, exchange, gift, lease, etc are governed by Transfer of property Act, 1882, Karanataka Land Reforms Act, 1961, Karanataka Land Revenue Land, 1964, Land Acquisition Act, 1898, Karnataka SC & ST (PTCL) Act, 1978, Stamp Act, 1899, Karnataka Stamp Act, 1957 and Registration Act, 1908. The registration aspect of the transfer of property has been discussed here which involves verification of property documents, documentation and then registration with concerned registration authority.
Registration Requirements:
Non Encumbrance certificate:
The buyer's primary duty is conduct a search in the office of Sub-Registrar and to get a non-encumbrance certificate. At least for the period of last 30 years encumbrance certificate should be verified to ascertain that property is free from encumbrance. An Encumbrance Certificate is a document issued by the registration authority's viz. Sub Registrar relating to title and its investigation vis-a-vis immovable property. It is issued either in Form No.15 or Form No.16. The one in Form No.15 records and reflects all the transactions occurred in respect of an immovable property - be it a sale, lease, mortgage, gift, partition, release, etc. which have been registered and recorded in Book-I maintained by the registration authorities for any particular period for which the certificate is sought. An encumbrance certificate in Form No.15 plays a vital role in investigation of title since certain transactions reflected therein, especially parent deeds and documents which are not in the possession of the present owners, may be applied for and obtained in the form of certified copies from the registration authorities which would help in the understanding of the tracing and flow of title in relation to any immovable property. For nil encumbrance, the certificate is issued in Form Number 16.
Patta & Latest Tax Paid Receipts:
This contains information regarding the payment of land revenue and other Govt dues. And also contains a copy of the record of rights to the land. It can be verified for the following purposes: (1) the property is in the name of the Owner, issued by the Revenue Department under the Seal of the Tahsildar, (2) the property is transferable and heritable, (3) the transferor is competent and/or authorized to transfer the property, (4) the transferee is qualified to be a transferee, (5) the object or consideration for the transfer is lawful, (6) the transfer has been made and completed in the manner prescribed by law. Obtain tax clearance certificate from the Revenue Department.
Khata:
Verification in respect of Khata and Tax implications in office of the revenue department under Corporation, City Municipal Council, Village Panchayath where the concerned property is situated. If the Vendor is owner for a period more than 30 years one khata suffices. If the property has been conveyed depending on each of such conveyance the subsequent owners name is to be reflected in the khata certificate, and to ascertain the same all such khata certificates are required
It is required to obtain proof of compliance with zoning and building regulations from the concerned authority.
It is further required to conduct a search at concerned authority for instance Planning Authority for the city of Bangalore and Karnataka Industrial Areas Development Board to ascertain whether any land acquisition proceedings have been notified / initiated in respect of the concerned property, as well as the authenticity and validity of the layout plan / building plan sanctioned by Bangalore Development Authority / Corporation / City Municipal council where the property is situated.
It is required to submit pertinent documents like sale deed, gift deed along with required stamp duty & prescribed registration fees, paid receipts with the office of the Sub Registrar for registration. Please note that by amendment in Karnataka Karnataka Stamp Act, , the usage of stamp paper for paying stamp duty is discontinued in Karnataka and accordingly the stamp duty is payable by the Demand Draft at the time of registration of the document. Stamp duty is leviable as per Karnataka Stamp Act, 1957.
After completion of these procedures, endorsements are made by Sub-Registrar under Section 52, 58 and 60 of the Registration Act on the document. Then the document is copied into the register book, copies of the document are pasted onto 2 indexes one titled name and property, and the other titled accounts and reports. Thereafter the registrar will ask for the documents listed below and complete registration:
- Document required to be registered (in duplicate) like sale deed or gift deed etc.
- Photo -identification of each party and witnesses i.e. Voters' Identity Card, Passport, identity Card issued by Govt. of India, Semi Govt. and Autonomous bodies or identification by a Gazette Officer.
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