Below mentioned is a check list of all important property documents you need to check before buying an apartment or an independent house.
A Sale Deed is the core legal document that acts as proof of sale and transfer of ownership of the property from the seller to the buyer. A Sale Deed has to be mandatorily registered. It is important that before the Sale Deed is executed one should execute the sale agreement and should check for compliance of various terms and conditions as agreed upon between the buyer and the seller. Before executing the Sale Deed, the buyer should check whether the property has a clear title. He/she should also confirm if the property is subject to any encumbrance charges.
* A seller should settle all the statutory payments such as property tax, cess, water charges, society charges, electricity charges, maintenance charges etc., (subject to the agreement) before executing the Sale Deed.
Mother Deed, also known as the parent document, is an important legal document that traces the origin/antecedent ownership of the property from the start (if the property has had various owners). It is a document that helps in the further sale of the property, thereby establishing the new ownership. In case of absence of the original Mother Deed, certified copies should be obtained from the registering authorities.
Mother Deed includes the change in ownership of the property, be it through sale, partition, gift or inheritance. It is very important that the Mother Deed records the references to previous ownership in a sequence and should be continuous and unbroken. In case of a missing sequence, one should refer to the records from the registering offices, revenue records or the recitals (preamble) in other documents. The sequence should be updated until the current owner.
A building plan is sanctioned by the concerned DA (Development Authority) or MP (Mahanagara Palike) or MRDA (Metropolitan Region Development Authority) or IAPPA (International Airport Area Planning Authority) without which the construction of the building is illegal under the State Municipal Corporations Act. A building owner has to get an approved plan from the jurisdictional Commissioner or an officer authorized by such Commissioner. However, the authorities sanction a building approval plan based on the zonal classification, road width, floor area ratio (FAR) and plot depth.
A set of documents are required to be submitted by the owner in order to obtain a building approval plan. The documents include-
Title Deed, property assessment extract, property PID number, city survey sketch (from the Department of Survey and Settlement and Land Records), up-to-date tax paid receipt, earlier sanctioned plans (if any), property drawings, 2 copies of demand drafts, foundation certificate (if any) and a land use certificate issued by the competent authority (viz., Dy. Commissioner). ]
It is mandatory that the building owner hires a registered architect who will draw a plan meeting the applicable bye laws. One can get a building approval plan within 4-5 working days if all the requirements are met, via the newly invented BBMP software- Automated Building Approval Plan.
A Commencement Certificate is a legal document issued by the local authorities (BDA/BBMP & alike) after the inspection of the site. This document states that project meets the give criteria and helps in the commencement of a construction on a site by the builder. Failing to acquire a Commencement Certificate will result in the construction being considered illegal, levy penalties and can even attract an eviction notice.
With a vast amount of land being agricultural in nature in Karnataka, a Conversion Certificate is mandatory to be obtained from the legal body for the property. A Conversion Certificate is issued to change the use of the land from agricultural to non-agricultural purpose from the competent revenue authority. Further, the competent revenue authority requests the Department of Town and Country Planning to issue an NOC for the conversion of land for residential purpose. There are a certain set of documents to be submitted by the owner to acquire a Conversion Certificate.
The documents required to obtain a Conversion Certificate are;
3 copies of the R.T.C extracts, Village map, land sketch, certified copy of the land tribunal, zonal certificate, Title deed, no dues certificate by village accountant and Mutation Records (MR) copy.
Encumbrance means charges in the ownership or liabilities created on a property that is held against a home loan as security. An EC consists of all the registered transactions done on the property during the period for which the EC is sought. Simply put, it is a certificate sought for a particular period evidencing the property purchase/sale, the presence of any transaction or mortgage. One should submit a copy of the Sale Deed to obtain an EC. A person applying for an EC should fill in the Form 22, affix a non-judicial stamp and submit it to the jurisdictional sub-registrar’s office. Complete residential address, property survey number, property location, the sought period, property description, its measurements and boundaries should be mentioned in the Form. A nominal fee amount will be charged on a yearly basis. The time taken to obtain an EC will be between 3-7 working days or more depending on the period sought.
Betterment charges are also known as improvement fees/development charges that are to be paid to the BBMP before a Khata can be issued. Currently the developers are entitled to pay a fixed amount as betterment charges to the municipal body. A receipt of the same should be obtained at the time of property buying.
Receipts for property tax bills ensure that taxes for the property are paid up-to-date to the government/municipality. For properties falling under the BBMP jurisdiction, it is mandatory for property taxes to be paid up to date so a buyer could get a Khata issued in his name. It is therefore important for the buyer to make enquiries with the government/municipal authorities to ensure that all the dues are cleared by the seller. The buyer should ask the seller for the latest original tax paid receipts and bills and check the details of the owner’s name, the tax payer’s name, and the date of payment on the receipt. If the owner does not have the tax receipt, the buyer can contact the municipal body along with the survey number of the property to confirm the ownership of the land. Nevertheless, the buyer should also ensure that other bills such as the water bill, electricity bill etc. are paid up-to-date.
A Completion Certificate is issued by the municipal authorities denoting that the building is in compliance with their rules in terms of height, distance from the road, and is constructed as per the approved plans etc. This document is important at the time of purchasing a property and seeking a home loan.
When the builder applies for this Certificate, an inspection is carried out by the authorities to ensure that the construction meets all the specified norms. This certificate is obtained after the completion of the construction. It is important at the time of buying a property, seeking a home loan, before the builder allows people to take possession of the property and, for the transfer of Khata. Basically, it certifies that the project is ready for occupancy.
While it is important to seek all the above documents from the seller at the time of buying a property, it is also critical you deploy a competent property lawyer for vetting of the said documents. Specific advice should be sought about your specific circumstances.
A property can be transferred for various purposes and reasons. In order to facilitate such a transfer Indian laws have introduced following different methods:
In a transfer of property, the most important document is the sale deed. A sale deed will contain every detail related to the deal, beginning with the names and addresses of parties involved, the size of the property in question, its build, its location and access points.
The main purpose of the deed is to certify that the property is free from encumbrance. This means that the seller has complete ownership and there is no lien on the same. In case the property has been mortgaged, it should be settled before the deed is signed.
It would also, of course, include the sale price, the token amount given, the remaining payment to be given, and all other details of the transaction. All other documents handed over to the buyer would also be mentioned in the deed. This deed needs to be registered with the sub registrar of the area of the property in question. Stamp duty and registration charges are levied on the same. Capital gains tax is also levied under such transactions.
It is important to note that Capital gains tax is not levied if another property is bought in lieu of the property which is being sold.
This document allows you to gift your assets or transfer ownership without any exchange of money. In case the property in question is an immovable property, a gift deed needs to be registered with the Sub – registrar of the area in which such transfer is taking place. Stamp duty charges are levied on the said transfer. There will not be any tax implication such a transfer. Also a gift deed can be challenged in court, but it cannot be revoked. In case of movable property a gift deed is important but it need not be registered.
This is the most commonly used method to transfer property right of a co-owner to another co-owner. Also it is a good option when it comes to transfer of ones share in a jointly held property. When such a transfer is done, stamp duty charges are levied upon. This type of deed is revocable and this type of deed does not give any tax benefits. Also it is important to note that both stamp duty and tax are applicable on the portion of property that is being relinquished and not on its total value.
This information is provided for knowledge purpose only. Always consult an expert property and tax lawyer before initiating such law related procedures.
Following are the steps for changing your own name.
You need to submit an affidavit regarding change of your name to your respective District Court before a Magistrate or Notary Public. The Affidavit must mention the current name and the desired new name, and may mention in brief the reason for name change. The Affidavit must be made on a Non-Judicial Stamp Paper of minimal value. In case of Indians, living abroad, he/she will submit deed duly attested by the respective Indian Embassy/Indian High Commission, in original to this Department.
You need to advertise your change of name in one of the daily local leading newspaper stating therein father’s/Husband’s name along with residential address.
You need to get your name published in the Official Gazette of your state. You must approach the Government Press of your respective state and fill up the form for the same and pay the prescribed fees. Your name change notification will be published in the state’s Official Gazette and you will be sent copies of the same at the address given by you.
With Gazette notification, the name change is officially completed.
Aadhaar card is a 12-digit unique identity number issued by the Unique Identification Authority of India (UIDAI), a central government agency of India. It is considered the world’s largest national identification number project.
It serves as a proof of identity and address, anywhere in India. Any individual, irrespective of age and gender, who is a resident in India and satisfies the verification process laid down by the UIDAI, can enrol for Aadhaar. The enrolment is free of cost and needs to be done once voluntarily (it is not mandatory).
Changes in your Name: If you want to make changes in your Name or Surname in any of your Certificate or Mark sheet in your 10th or 12th Mark sheet or any other Certificate, you can apply for Change in your Name.
Corrections in your Name: If you think there has been a spelling or typing mistake in your Name in any of your Certificate or Mark sheet in your 10th or 12th Mark sheet or any other Certificate, you can apply for Correction in your Name.
Step 1: Downloading & Printing the Application form given below and Take a printout of the Application form. http://cbse.nic.in/faq/dupform.pdf
Step 2: Read the instructions given at the bottom of the Application Form and fill up the form carefully.
Step 3: Documents Required for making Corrections or Changes in your NameAdmission form(s) filled in by the parents at the time of admission.
Step 4: Fee to be paid for the concerned Documents
Applications regarding change in name/surname will be considered where such changes have been permitted by a Court of Law and notified in a Government Gazette. In the event of Court of Judicature allowing the change of name of a candidate, the same shall be carried out by the Board after obtaining relevant documents concerning change of name published in an official gazette.
Gun ownership in India is a ‘privilege’ under the Arms Act of 1959 which allows civilians to procure a license if they can prove that there exists a threat to their life. The process of applying for a license for the same is a long and tedious procedure and an expensive one too!
An application for the grant of license is made to the licensing authority and is accompanied by a fee, if any, as may be prescribed. In Delhi, the designated licensing authority is A.D.C.P (Licensing), Delhi. People living in other metros would also need to apply at the office of the local D.C.P (Licensing). For people living in non-metro cities, they would need to apply at the office of their local S.D.M (Sub-Divisional Magistrate).
On receipt of an application, the licensing authority calls for the report of the Officer in charge of the nearest police station on that application, and such Officer shall send his report within the prescribed time.
This is done basically for Police verification procedure. They basically check for any criminal record or not and the authenticity of all information declared in the application. Persons with past criminal records are not eligible for arms licenses. In almost all cases a policeman will go to each of the addresses supplied and probably even ask your neighbours about your “moral character”.
The applicant must declare all addresses that he/ she has resided at during the last 5 years along with the time period and duration from-to for each address.
A verification report will be requested from the relevant local Police Stations at all the addresses provided by you. This is where most license application files “get lost” in transit.
The Licensing Authority, after such inquiry, if any, as it may consider necessary, and after considering the report received, shall subject to the provisions of the Act, by order in writing either grant the license or refuse to grant the same.
The Purposes of Lawful Firearms Ownership: Target-shooting and for personal protection.
You will have to prove the justifiable reasons for Self – defence. Firearm ownership is not permitted for the purposes of collecting or for hunting of animals for sport or food.
Guns permitted for use by civilians are Shotguns, Handguns and sporting rifles. Civilians can hold a maximum of THREE arms licenses. There is no limitation as to what combination of 3 can be held, so in theory, a person may very well use his three permitted arms licenses to hold: –
1 handgun + 1 shotgun + 1 rifle (which is what most people do, but there is no legal necessity to adhere to this particular combination)
OR 3 handguns
OR 2 handguns + 1 rifle
OR 2 handguns + 1 shotgun
OR 3 rifles
OR 2 rifles + 1 handgun
OR 2 rifles + 1 shotgun
OR 3 shotguns
OR 2 shotguns + 1 handgun
OR 2 shotguns + 1 rifle
Rectification or Confirmation deeds are also known as correction deeds. They are entered between two parties to rectify any errors made in a previous deed. These errors may include typing error, misspelt name, error in the property description, or any other error in the execution of the documents. These mistakes can be later corrected through a deed of confirmation.
Following are the conditions under which a rectification deed is made:
(a) The error must be genuine
(b) It must be inadvertent, not intentional
(c) All the parties must agree to the rectification thereof.
The Indian Registration Act recognises confirmation deeds. According to Section 17 of the Act, any deed confirming any interest in an immovable property needs to be registered. The confirmation may be given either by acquiescence, by limitation, or by deeds. A confirmation deed attracts stamp duty. In case the main document is registered or to be registered, the corresponding confirmation deed also requires registration.
Rectification deeds contain the names and addresses of the parties involved, details of the original deed and description of the rectification to be made. It must be clear and concise in language to avoid future complications. It must not alter the scope of the original document or violate any regulations. Also, care must be taken to ensure that the rectification doesn’t deprive either party of their rights.
In cases where parties to the agreement do not agree to such an amendment or rectification of the executed documents, the other party may file a suit before a court under Section 26 of Specific Relief Act 1963.
The aggrieved party may institute a suit to have the deed rectified. The court can direct the rectification of an instrument if it is satisfied that the deed does not express the real intention of the parties.
There is no limitation for executing a rectification or correction deed. At any point of time, if a mistake is found out, rectification deed can be executed.
A Power of Attorney (POA) is a document that allows an individual to appoint a person or an organization to manage his/her affairs if he becomes unable to do so.
The person delegating authority under the POA is called the principal and the person to whom authority is being delegated is called the agent. This establishes a Principal-Agent relationship between the two persons which is primarily governed by trust.
A power of attorney document is an extremely important part of estate planning. It is considered expedient and necessary to have someone else act for you when there is an advancement in the business and commerce transactions.
1. General Power of Attorney (GPA)
Under this vast powers are allowed to the agent to act on behalf of the principal. This type of POA can be useful to an individual when he is not in the country, or he is mentally incapable of taking care of himself and his affairs.
2. Healthcare Power of Attorney
This document enables the principal to nominate an individual who can make healthcare decisions concerning him when the principal himself is unable to do so. The decisions to be taken range from medical care and place of living to the food that the principal eats.
3. Financial Power of Attorney
This kind of Power of Attorney gives an agent the right to make financial decisions for the principal when he/she is either not present, or is unable to do so due to physical or mental incapability. Paying bills, making investment decisions, paying for healthcare and housing are some activities that require decision making under the Financial Power of Attorney.
Special Power of Attorney
Specific powers are allowed to the agent by signing on this type of POA. If the principal does not wish to allow the agent to enjoy a wide spectrum of powers and requires to delegate authority only in respect of a particular task, he can do so by executing a Special Power of Attorney (SPA).
The validity of an SPA comes to an end as soon as the task(s) specified in it are completed.
Durable Power of Attorney
If the principal happens to become mentally unsound due to some reason while there is a POA in effect, he/she can sign a Durable Power of Attorney to ensure its validity or to avoid any kind of trouble later.
While preparing a POA, some important points to be kept in mind?
The Unique Identification Authority of India (UIDAI) has deactivated around 81 lakh Aadhaar number till the date as confirmed by Minister of State for Electronics and Information Technology, PP Chaudhary.
This comes after the government has deactivated more than 11.44 lakhs permanent account numbers earlier this week. It has been done with the aim of weeding out illegal financial dealings. This move has left many people worried as Aadhaar is now mandatory for many things like filing of income tax returns, opening of bank account etc. There are multiple reasons for deactivating Aadhaar numbers. As per the provisions of Section 27 and 28 of Aadhaar (Enrollment and Update) Regulations, 2016, a person’s Aadhaar number can be cancelled or deactivated if multiple Aadhaars have been issued or if there are discrepancies in the biometric data or supporting documents.
Follow these simple steps to check if your Aadhaar card is deactivated-
Step 1– Visit the website of Unique Identification Authority of India. Click herehttps://uidai.gov.in/.
Step 2- Click on verify Aadhaar number under the Aadhaar Service section.
Step 3- A new window will pop up. Enter your 12 digit Aadhaar number in the given box. Enter the “Security Code” displayed on the page into the “Security Code” in the verification box, and click “Verify”.
Step 4- In case your Aadhaar number is valid, you will get a message stating that your Aadhaar number exists. It will display the age band you belong to. For instance, age band: 40-50 years. It will show your gender and the state.
However, in the case of invalid Aadhaar number, the page will say that the number does not exist.
What to do in case your Aadhaar number is deactivated?
In case, your Aadhaar is inactive, you must visit the nearest Aadhaar enrollment centre along with supporting documents.
In such a scenario, you will be required to fill out the Aadhaar update form and your biometrics will be re-verified and updated. As per the current process, it is mandatory to mention your valid mobile number while filing the form. You will be required to pay a fee of Rs. 25 at enrollment centre for the update.
This process cannot be done online or via post since you are required to verify your biometric data. You need to be physically present at the enrollment centre.
This article aims to help the reader in case he has lost/misplaced his Aadhar card or has not received it yet.
Aadhar Card has become an essential document for every citizen of India. The present Government is putting continuous efforts to make Aadhar Card as the most potent document and a single identity proof for everyone. With Aadhar card becoming a necessity and linking it with our mobile numbers and bank account as mandatory, it is very crucial that everyone should have knowledge about some key aspects related to our Aadhar card. In case any person has lost or misplaced his Aadhar he can undertake the following steps to get a duplicate Aadhar card. The steps are simple and could be easily completed online by the owner of the Aadhar card himself and without going through any tedious and lengthy procedures.
The only requirement is that the owner must have the same mobile number or email id as has been registered with the Aadhar card. This is important because he would receive an OTP on his registered mobile number in order to retrieve the Aadhar card.
HOW TO GET A DUPLICATE COPY OF YOUR LOST AADHAAR CARD
This way you will be able to retrieve your Aadhaar card. This procedure is quite convenient and economical and can be easily done by the owner himself.
REMEDIES IN CASE YOU HAVE NOT RECEIVED YOUR AADHAAR CARD YET
One of the most common problems faced by the citizens in case of Aadhar card is that they have not received their Aadhaar card although they have applied it before. But this problem could easily be dealt by following the necessary steps. If you have applied for the Aadhaar card before 1st April 2012 then you should apply again. In case you have applied it recently then you will be able to receive it through the UDAI online portal. You can also check the status of your Aadhaar card by visiting the online portal. HOW TO DOWNLOAD E-AADHAAR
You will get an e-copy of your Aadhaar Card which you can get printed.
You can seek help from certain Official Government helplines if you face any other problems related to your Aadhaar card.
Call center number- 1800 180 1947
Email id- firstname.lastname@example.org