Documents required in connection with the purchase of property will vary from case to case. In general the following documents are required to be verified before purchase of any property to ascertain the valid title of the vendor. In certain cases, a need may arise for verification of additional documents, in addition to the above, to finally conclude the valid title of the vendor.
(A) For purchase of BDA property (formerly CITB)
1. Allotment Letter.
2. Receipts for payment of site value.
3. Lease-cum-Sale Agreement.
4. Possession Certificate.
5. Absolute Sale Deed
6. Khatha certificate from the BDA
7. Tax paid receipts from the Bangalore Development Authority.
8. Khatha Certificate from Bruhat Bangalore Mahanagara Palike (if it comes under Corporation Revenue Jurisdiction)/Tax paid receipts from Bruhat Bangalore Mahanagara Palike.
9. Encumbrance Certificate from the date of allotment to the date of possession.
10. Re-allotment Letter / Re-conveyance Deed if property re-conveyed by the BDA.
(B) For purchase of site within jurisdiction of BMRDA/Private Layout
1. Valid Conversion Order issued by the Deputy Commissioner.
2. Conversion amount paid Receipt.
3. RTCs for 30 years issued by the Village Accountant
4. Tax Paid Receipts issued by the Village Accountant
5. Documents of ownership
6. Mutation Register Extracts
7. Akarband/Tippani/Podi Extracts
8. Surveys/Boundary Map
9. Village Map
10. Nil Tenancy Certificate
11. Confirmation from the competent authority that there are no acquisition proceedings.
12. Lay-out Plan Approval by the competent authority.
13. Release of site order
14. Khatha Certificate issued by the Revenue authority wherever applicable.
15. Latest Tax Paid Receipts
16. Encumbrances for the last 30 years
17. Validity of the Power of Attorney
(C) For purchase of Agricultural Land
1. Origin of the Property
2. Flow of Title
3. Mother / Parental Deeds
4. Index of Land and Records of Rights
5. Grant Certificate if any / Saguvali chit
6. RTC/Phani extracts from 1967 onwards or for the last 30 years
7. Relevant Mutations Extract
8. Endorsement from competent Authority confirming that there are no acquisition proceedings.
9. Village Map
10. Survey map
11. Akarband, Tippani, Podi Extracts
12. Relevant Sale Deeds.
13. C.D.P. pertaining to the area.
14. 79 A & B Certificate under Land Reforms Act.
15. Land Tribunal Order, if any.
16. Certificate for change of survey number, if any
17. Nil Tenancy Certificate
18. Latest Tax Paid receipts.
19. Encumbrance Certificate for the last 30 years.
20. Family Tree of the Vendor
21. Phani of the vendor
22. Endorsement from Tahsildar that the land does not fall under S.T. & S.C. Grant or Inam category.
(D) For purchase of an apartment/flat:
1. Mother deed to trace the origin of property including all other relevant conveyance deeds to trace the flow of title. Normally, a title documents for a minimum period of 30 years is required. In certain cases, the title deeds for a longer period may be required.
2. Betterment charges paid receipt wherever applicable
3. Khata Certificate and Khata Extract wherever applicable. In BBMP area, computerized Khata Certificate and Khata Extract are required.
4. Sanction building plan from the competent authority
5. Latest tax paid receipt
6. Encumbrance Certificate for the relevant period [upto date]
7. If it is basically converted land, then Conversion order, Zonal Regulation Map, RTC from 1967 to till date, mutation records, I.L. and R.R. records, Nil tenancy certificate, Nil acquisition certificate from the competent authority, endorsement from the Tahsildar confirming that there are no pending cases under Sec. 79-A and 79-B of Karnataka Land Revenue Act, Village Map, Survey Map, Tippany, Akhar Band, Atlas, Approved Layout plan and the sketch indicating the particular site on the survey map.
8. In case of high rise building, permission obtained from Airport authority of India, BWSSB, BESCOM, Telecom, Fire Force, Pollution Board
9. Commencement and occupancy certificates.
In addition to the above documents, if the property is held by a company, partnership firm or trust, the following documents also are required for scrutiny:
1) COMPANY: Memorandum of and Articles of Association of the company, Incorporation certificate, resolution passed by the company for purchase/sale of property 2) PARTNERSHIP FIRM: Partnership deed, authorization letter of the partners authorizing certain partner/s for purchase / sale of property and acknowledgement of registration of firm
3) TRUST: Registered Trust Deed and the resolution authorizing the members for sale or purchase of the trust property.
Registration of the documents opposed to the public policy
The Government of Karnataka has declared that registration of certain documents is opposed to the public policy, which are listed below:
Agreement to sell, sale, gift, exchange, mortgage lease or assignment of which occupancy rights have been granted under Chapter III of Karnataka Land Reforms Act 1961, in contravention of restrictions imposed under Section 61 of the said act and relevant rules.
1. Any agreement to sell, sale, gift, exchange or otherwise of land in excess of ceiling limits prescribed under Section 63 or 64 of Karnataka Land Reforms Act and in contravention of Section 74 of the said Act and relevant rules
2. Agreement to sell, sale, lease, mortgage with possession or otherwise of any agricultural land to a person, family, joint family with an assured annual income of Rs.2 lakhs or more from non agricultural source in contravention of section 74 of Karnataka land Reforms Act and relevant rules.
3. Agreement to sell, sale, lease, mortgage with possession or otherwise of any agricultural land to educational, religious, charitable institutions, society, trust, company, association other body of individuals, cooperative society other than cooperative farming society in contravention of section 79B of Karnataka land reforms Act subject to exceptions provided.
4. Agreement to sell, sale, gift, lease, mortgage with possession or otherwise of any agricultural land granted under Karnataka land grant rules subject to restriction imposed on sale, transfer and specific use imposed thereunder.
Scanning of Documents
After Telgi Scam, in Karnataka Rs. 2.00 Document sheet is made available to the public by the Government, on which documents can be typed or white paper can also be used for the purpose. At the time of presenting such document for registration before the Sub-Registrar, details about the Vendor/s, Seller/s, stamp duty and registration charges required to be paid will be recorded in the computer along with the photos of the Vendor/s, Seller/s and Consenting Witness/s, if any. Further, name of the person identifying the Vendor/s will also be recorded in the computer. Subsequently, print out of all the details of the Vendor/s, Seller/s and Consenting Witness/s, if any recorded in the computer, along with their signatures, will be taken on the back side of the Sale Deed and after the Sub-Registrar signs on such sale deeds, details about the document number, CD No and other relevant details will be stored in the Sub-Registrars Office.