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