#1569, 2nd Floor, 7th Main,
4th Cross Hampinagara,
(RPC Layout), Vijayanagar Bangalore -560104
79 A & B Endorsement
1. Section 79 A and B Endorsement are governed under which Act?
Section 79 A& B are governed under the Karnataka Land Reforms Act, 1961.
2. What is Section 79 A?
Section 79A talk about the certain persons who are prohibited under the Act for Acquisition of land.
3. Who is prohibited under Section 79A?
Any person who or a family or a joint family which has an assured annual income of not less than rupees twenty-five lakhs from sources other than agricultural lands shall not be entitled to acquire any land whether as land owner, landlord, tenant or mortgagee with possession or otherwise or partly in one capacity and partly in another.
4. What is Section 79 B?
Section 79 B talks about Prohibition of holding agricultural land by certain persons.
5. Is it lawful for an educational, religious or charitable institution or society or trustof holding property such property under 79B?
– NO
6. Is Karnataka Land Reforms Act, 1961 still in force?
The New Ordinance has repealed Sections 79A, 79B and 79C of the Act which had earlier restricted non-agriculturists from acquiring agricultural lands in the State of Karnataka (with effect from 1st day of March 1974).
7. What will happen to the cases that are already disposed before the implementation of the new Ordinance?
The cases already disposed of before the publication of the Ordinance shall not be affected and all the pending cases pertaining to sections 79A, 79B and 79C and consequential thereof are abated.
8. Who all cannot hold agricultural land?
The following people cannot hold an agricultural land under the Section 79B
- An educational, religious or charitable institution or society or trust except few.
- a company;
- An n association or other body of individuals not being a joint family, whether incorporated or not; or
- a co-operative society other than a co-operative farm, to hold any land.
Akarband
1. What is Akarband and what are its importance?
It is a document which very useful Revenue Record in Karnataka especially while scrutinizing the title of an agricultural land.
2. What all details does the Akarband contains?
A Register showing the area and assessment of survey number. It contains the details of total extent of land, extent of cultivable land and noncultivable land (Kharab), extent of dry, wet, garden and plantation areas within the land, sources of water and assessed amount of land revenue for each survey number.
3. What are the advantages of the Akarband?
Akarband would not only help in ensuring the accuracy of the data for processing but also reduce time taken for issue of sketches.
4. Who issues the Akarband document?
Revenue Documentwhich is issued by the Survey Department of the Particular Village
5. Is procuring akarband document compulsory?
It depended on state to state. Karnataka government has recently decided to make the Akarband Extract copy compulsory for land registration
6. How can I receive the Akarband for my Land sitting outside the country?
It is completely possible to receive you copy when you are sitting outside country. Acreok helps in providing such services so that you don’t need to travel this far.
Encumbrance Certificate
1. What is the Purpose of Encumbrance Certificate?
Before buying a property, you must ensure that the property has a clear title. Getting an Encumbrance Certificate will assure you that the property you wish to buy is free from such financial or legal liability. If you notice a charge on the EC, it is important to rectify it before you make the purchase. It will also help you find out if there are any existing owners who can legally claim the property and we will help you in acquiring these.
2. Is the Encumbrance Certificate and Occupancy Certificate same?
No, A CC is issued by the local authority to a builder or developer upon the completion of construction of a building in compliance with the building plan and other regulations. Once a CC is obtained, the local municipal authorities issue an OC or a Possession Certificate (PC) as a declaration of no objection in allowing the occupancy of the building.
Whereas an Encumbrance Certificate relating to an immovable property issued by the Registration Office is not only of encumbrances but of all acts and encumbrances affecting such property.
3. What is a Nil Encumbrance Certificate ?
When you apply for an Encumbrance Certificate, you will be asked to specify the period for which you need the information.
If there are no charges placed on the property during the requested period, a “Nil Encumbrance Certificate” will be issued. This means that no lender has placed a lien on the property during that period.
4. What is the difference between Form 15 and Form 16?
Form 15 is issued for a property which has multiple transactions in its history.
Form 16 is issued for a new property. This can also be called as Nil Encumbrance.
5. What are the Advantages of Encumbrance Certificate?
Not only is the encumbrance certificate necessary when buying or selling a property, but this certificate is also a must when approaching banks or financial institutions for a home loan. Certain banks and financial institutions might even require the certificate from a particular timeframe as a part of the documentation.
6. How Long Will It Take to Get an Encumbrance Certificate?
The process to obtain an EC differs from one place to another. If you apply for an EC in person at a Sub-Registrar's Office, you will get the certificate within 15 to 30 days.
However, if you apply for an EC online, through us you will get it faster. Online applications usually take 2 to 3 working days to be processed and we shall help you with that.
7. Documents Required to Get an Encumbrance Certificate
Some of the documents you would need while applying for an Encumbrance Certificate are:
- Property details and its title deed details.
- The property sale deed/gift deed/partition deed/release deed if a deed has been executed previously.
- The deed number upon registration containing the date and book number along with the signature of the applicant.
- Address proof of the applicant.
8. How to get it online/offline?
Online will be available only for the transaction happened after 2004, before this period we can only get book records. Online is through visiting the official website, downloading form and then getting the documents verified after paying the requisite fees.
Offline is through vising the sub registrar’s office and applying for it manually.
In both the case we shall help you in getting the EC at the earliest.
Inam order copy
1. What is an Inam? And who is a Inamdar?
An Inam is a gift of land or land revenue. The origin of the Inam can be traced back to the times of Hindu, Mohammadan periods of rule.
2. Who is an Inamdar?
An Inamdar is the one who has been granted occupancy rights under the Inam Abolition Act.
3. Why did Inam Abolition Act come into force?
The Act provides to abolish the inam tenure of lands and convert them into ryotwari lands.
It applies to pre-settlement inam lands, both major and minor inams where a grant in inam has been made, confirmed or recognised by Government, not being an Estate.
4. Does Agricultural land in the form of Inam have any value under the India Land Laws?
Agricultural lands in former Inam villages are not excluded from the purview of the Land Reforms Act.
5. What are Service Inams?
A service Inam is an inam granted to a person or persons burdening them with certain condition of service viz., Washerman Inam, Potters Inam, Carpenter's Inam etc.,
Mutation/MR Copy
1. What is meant by Mutation of Property?
Mutation of a property, also known as “Dakhil Kharij” in Hindi, can be best described as the transfer or change of title ownership of a property at the time of buying or selling. For instance, if you are buying a property from a seller, by mutating the property, your name gets recorded in the land revenue department records.
2. What are different types of Mutation?
There are two types of mutations:
- Mutation of Agricultural Lands- In case of agricultural lands, mutation is necessary. The land title cannot be transferred to the new owner without presenting a mutation certificate. If the Government is acquiring the land, the compensation is given to only those who have their names registered in the land revenue records.
- Mutation of Non-agricultural Lands-In case of non-agricultural lands such as flats and residential plots, not mutating the property does not affect the buyer’s title. He/she will continue to be the owner of the property. However, it will prevent them from receiving electricity and water connection and will not be liable to pay the municipal tax.
3. When Mutation of property can be done?
You need to get the transfer of title of property (mutation) done in the below circumstances to avoid any legal disputes in the future;
- After buying/purchasing a property.
- After inheriting a property through a Willor without a Will.
- After acquiring a property through a Gift Deed.
4. Is mutation mandatory after the Registration of Property?
No, it is not mandatory. But it is very essential.
5. Who keeps the Records of the Mutation of a particular property?
While registering the property the records are mentioned in a ‘register’ record of the local municipal body for the concerned property. You can also check your Mutation Register and Mutation status online.
Records of Rights
1. What are Record of Rights?
The Revenue Department of each state prepares the document which is basically called father of all land records i.e., Records of Rights. It is revised every 5 years when a new ROR is prepared by the concerned authorities and attested by the revenue officer.
2. Who handles the Records of Rights for each state?
Record of Rights is an extract from the land records registers held by the respective Revenue Department of State Government. This revenue document is a crucial indicator of the legal status of a property
3. What are the uses of the Records of Right?
- ROR is used to check the ownership of an ancestral land or any other land.
- Extracts of ROR can be used to get details of land type, and the variety of activities carried out on land.
- ROR is required at Registrar’s office when sale transaction of land (mutation) is being done.
- The court needs land record proofs in case of any civil litigation. Extract of ROR-IB can be produced for this purpose.
- It is mandatory to check the property card of the seller and ensure his/her ownership of the area while buying property
- Buyer has to verify the purchase of the land (ROR) on which the flat is being constructed in case of buying flats.
4. What information does the Records of Right contains?
- Changes in ownership
- Nature and limits of owner’s rights and conditions
- Mutation numbers
- Survey number of the land
- Details of charges of attachment and decrees under the order of the civil court or revenue authorities
- Details pending loans for buying seeds, pesticides or fertilisers
- Aspects of tax paid and unpaid
- Details of loan taken by the land occupant
5. Is ROR compulsory for the process of Mutation of Property?
The mutation is a process of changing the title ownership of land from one person to another when the property is transferred.To apply for mutation, the citizen or farmer need to visit Kiosk centre and apply for mutation by submitting an application and land-related documents such as records of right and tenancy are important.
RTC / Phani
1. What is RTC?
The full form of RTC is Record of Rights, Tenancy and Crops which is also known as Phani. The RTC document is an important land record document that is issued to the existing landowner.
2. What does RTC Include?
The documents include details about:
- Information about the landowner
- Identification of soil type
- Type of land
- Crops grown on the land
- Area of the Land
- Water Rate i.e. how much of water is to be used to keep the land fertile
- Commercial, agricultural and non-agricultural residential flood area
- Nature of possession
- Liabilities such as bank loans on the land
- Tenancy
3. I want to change my name as an owner in the RTC, how should I do that?
The Owners of the land will change because of purchase transaction, Inheritance, Division, Grant by Government, Court Decree. When one of these takes place, new owners should approach the Revenue Department with the required document to incorporate their names. They can request for the same at the Pahani centre and collect the acknowledgement.
4. How for the can I check my RTC online State of Karnataka?
Bhoomi is the Government of Karnataka's Land Records Management System that was launched in the year 2000 for checking the RTC online.
5. How can a farmer check his RTC? as he doesn’t not have the option to look it online.
There are physical offices set up for Bhoomi in more than 6,000 Gram Panchayats across 226 taluks in the state and any person in the rural areas can visit their nearby offices to check the records.
Survey / Tippani / Podi Extracts
1. What is tippani? How is it different from Podi extract?
Tippani is a survey document which gives a brief description of the respective survey number. Podi Extracts is a document of bifurcation of land with old and new survey number, among the joint owners.
2. What Is 11E Sketch?
A 11 E sketch is the sketch of the portion of a property which is set for sale. This sketch is usually prepared by the surveyor manually after visiting the spot. Once the sketch is done, it is given a new survey number with a certificate that has to be attested in the sale deed at the time of the transaction.
3. What is Tatkal Podi?
As land holders require 11e sketch of the land during land sale, land conversion and other dealings, services will be offered to get the sketch done along with other documnets, and also to get the RTC done after correcting all defects upon tallying the land extent in the sketch and the RTC.
4. What are the benefits of Podi?
Advantage is that the Podi of a land is intended to guarantee the Owner's right for the land. It should establish the real extension of the area under Owner's possession, assuring the protection of the demarcated limits and keeping invaders away.
5. How are Survey Tippani and Podi extraction Important?
These documents help you in understanding the layout of your property better. You get the details of the survey no., shape, identity and bifurcation of your property in a single document which is more convenient and user friendly.
Conversion Order copy
1. What is the importance of Conversion Certificate?
The Conversion Certificate plays a very important role in the Real Estate Market.
If you construct a residential property without having a construction certification, heavy penalties may be levied on you. Also, if you have bought an agricultural land to construct a house but you don’t have the conversion certificate, you won’t be allowed to build anything on the land. In case you go ahead and construct a house on an agricultural land that hasn’t been converted, the authority has the right to demolish your property. So, therefore Conversion Certificate becomes compulsory before buying a house or if you are planning to construct a property on your agricultural land.
2. What if I use my agricultural land for any other purposes?
Using such land without a land conversion certificate may lead to heavy penalties by the concerned authorities.
3. What if I construct a building on an agricultural land without getting a conversion order
Construction on such land was without permission may give the right to the concerned authority to demolish anytime. Hence, ensure that you get a land conversion certificate when buying a house or when planning to use an agricultural land for purposes other than agriculture.
4. Which authority grants approval for Conversion order copy in Karnataka?
In the state of Karnataka, the land revenue department is the authority to grant land conversion approvals. The right to grant such permission may also depend on the area of the land and other similar land-related parameters.
5. What if in a state there is not Land Conversion authority, then whom should I Apply?
In States where there is no authority, landowners can write their request for land conversion to the concerned commission, district magistrate or collector.
6. Who has the power to Initiate the process of Conversion Certificate?
The process of converting an agricultural land to a non-agricultural land for the purpose of building or construction a house or vice versa is generally dubbed as land conversion. In certain states, it’s also called as DC (Deputy Commissioner) Conversion as the conversion is generally initiated by a deputy commissioner or the sub-divisional officer.
7. What are the List of Documents that needs to be submitted to seeking permission for Conversion Certificate?
The relevant documents are land record certificate, copies of the land map, measurement plan, and mutation letter for initiating the process of Conversion.
PTCL Endorsement
Grant Certificate / Saguvali chits
Index of land
Village map
1. What is Property Consultation ?
Consultation relating to Legal documentation related to property laws which include the drafting and vetting of title documents, lease, license agreements, transfer documents, gift of property documents and all other such services
BDA/BMRDA/BIAAPA & Other NOC's
Apartments and Villas
1. What are the Documents that need to be checked before buying a new Apartment?
- Sale deed- A sale deed tops the checklist while verifying documents for your new home.
- Completion/Occupancy Certificate-A Completion Certificate (CC) is issued by the municipal authorities on the completion of the project.
- Building plan- Building plan is another document that needs to be cross-checked before finalising a property purchase.
- Encumbrance certificate- It is also important to verify that the property does not have any dues for which a buyer must check the encumbrance certificate
- Mutation certificate-This document identifies the owner of the property in government records and establishes their tax liabilities.
2. What documents are required for applying for a home loan/buying a resale flat?
Agreement to Sell (ATS) Chain of Title or Sale Deed NOC from the society or other concerned bodies Share Certificates in case of societues Title Report Occupancy/Completion Certificate(OC) Encumbrance Certificate(EC)
3. What are the Documents that need to be checked before buying an Apartment from the Builder?
· Home Ownership Title- In real estate, title deed refers to ownership of the property so therefore the Builder should have Ownership.
· If you want to buy any ongoing construction property from a builder then commencement certificate is required. This document helps you to check that the construction of the flat has started only after getting approval from the local authorities.
· Building Approvals- The document of building approval states that a residential building in which you are planning to purchase a flat has no issues and is approved by the local authorities.
· No Objection Certificate-. This document helps you as evidence in showing that the building has no objections related to the construction of it.
· Encumbrance Certificate- This document helps in ensuring that the property is free from any dispute.
· Occupancy and Possession Certificate-. It indicates that the building is in a suitable condition for occupancy. This ensures that the building would suit for occupational purposes and can be owned by people.
· Purchase Agreement- This agreement contains all major details of the building construction such as the project specification, payment terms, completion deadlines and type & amount of penalty. It also includes a clause to transfer the common areas to the society. This ensures the flat remains with the original owners and that the developer cannot engage in further construction on this particular place. It also mentions the Builders and the Developer’s Share
4. Can a builder give possession without OC?
A builder cannot allot a flat without obtaining an OC. No person shall occupy or allow any other person to occupy a building or part thereof without obtaining an OC.
5. List of the Documents required before buying Villa?
- The Sale Deeds: It gives the details of the series of transactions that the land has undergone. The original sale deed shows if the builder/developer has duly registered the Villa.
- Title Deeds:You need to examine the title deeds, a critical documents, which refers to the documents related to the property prior to the sale deed. RTC (Records of Rights and Tenancy Corps) or Mutation extract are other legal documents that need to be examined by you in relation to title deeds. If the land status had been agricultural or revenue land previously, whether the concerned authority has to issue a document pertaining to conversion of the land to buildable land.
- Khata certificate;The Khata should be in the landowner’s name. The buyers should check that the Khata is in the name of the builder/developer or present property owner because only then can it be transferred to the buyer’s name later.
- Tax-paid receipt:Check that the builder/developer or the property owner has paid all the necessary taxes and the receipts are up-to-date.
- Joint development agreement:If the project is a joint development the buyer need to insist on seeing a copy of the registered joint development agreement. Further, the agreement should show clearly the ratio of development share between the landowner and the developer as well as each person’s share of responsibilities. In other words, the buyer should know who will develop the lawn, who will fix the roof etc. – the division of labour and work.
- Encumbrance Certificate (EC):The buyer should get a copy of the updated encumbrance certificate with details of the last 30 years from the sub-registrar and get it checked.
- Sanctioned building plan:The buyer need to verify that the villa has a sanctioned plan and is being built according to that. Another document that has to be verified in conjugation with this is called the commencement certificate, which is needed for starting the construction.
- Electricity/water bill/ receipt:If the villa was occupied previously, be sure to get the latest electricity and water bill from the previous owner to ascertain that everything is above board. Even if the buyer is the first-owner taking up residence in a ready-to-move villa, he/she should insist on getting an electricity and water bill/receipt to make certain that the connections are genuine and the buyer will not have any problems at a future date.
- Maintenance No dues:If the buyer is buying a villa from a previous owners, he/she need to get NOC from the RWA to the effect that they have paid off all his dues to them. Otherwise the dues has to borne by the buyer.
- NOC:The buyer will need to ascertain that the developer has obtained NOCs under the provision of Urban Land Ceiling and Regulation Act.
- Sale and construction agreement:If the developer and the seller of the property are two different entities, it is better to examine the agreement of sale and construction drawn up by the developer in favour of the seller if such a document exists.
- Registered previous agreements:If the property is being re-sold to the buyer by the first owner, the buyer need to insist on seeing all the previous registered agreements.
- Society share certificate & Society registration certificate:The final document that the buyer needs to inspect is the certificate related to the society share and registration procedure (applicable to sale from builders) where applicable (this is not very common in Bangalore).
6. What is the procedure that Acrok will follow?
On receipt of documents, a requisition list (List will be detailing what other documents are required) will be shared within 3 working days with preliminary views (if possible) on the property.
And final legal opinion will be shared within 4 working days from the submission of last set of additional documents by you.
7. Will Acreok provide due diligence services along with the report?
As a first step, we will undertake due diligence, to ascertain the existence of the title with the seller, the nature of the title and its marketability and the ability of the seller to convey clear and marketable title, free from encumbrance. Documents, for a period of 30 years, if not more (and where documents are not available, for minimum period of 12 years), will be examined.
Agriculture land
1. What is title verification in respect of Agricultural land?
In respect of Agricultural land, title verification is a process of checking and verifying land documents for ascertaining the legal ownership of the Agricultural property and determining any defects in the title of the said property.
2. How to convert agricultural land to non-agricultural land?
The land is a state subject and by law, fertile land cannot be converted to use for residential purposes. Only dry or barren land parcels could be converted.
3. What is agricultural Land?
Agricultural land is land that is generally used for farming or farming purposes.
For many people buying a piece of land is the first step to building a house. Therefore, it is important to verify that the land has a clear and marketable title to avoid falling into legal disputes
4. Is the sale of rural agricultural land taxable?
Agricultural land in rural areas is not considered a capital asset. That is why any profit from its sale is not taxable under capital gains.
5. Is construction allowed on agricultural land?
Agricultural land cannot be used for the construction of the property. You need to use the land converted from agricultural to residential before any construction.
6. How can Acreok Help you?
While purchasing agricultural land in India, one has to validate that there is no dispute and the registration process has to be hassle-free. Methods for purchasing agricultural land vary from state to state and therefore our Attorneys at Acreok will provide you world class help for verification of the Agricultural land hassel free.
7. What are the important documents that need to be verified in respect of agricultural land?
The Important Documents are as follows:
- Title deeds of the Plot.
- Agreement of sale.
- Whether the land is not a Government land.
- Convenyence Deed of Sale Deed of the land
- Encumbrance Certificate
- Tax Receipts and other bills
- Title of the land in Village office
8. What is the importance of documents verification?
Having all documents verified for property allows you to keep a legal status over the said property. This means you will not have any litigation or legal constraints as time passes. Lawsuits over land and disputes are very common and are usually caused by properties not being verified.
Once you verify the land, you can be assured that the person who you are purchasing it from is, in fact, the owner. There will be no hurdles coming your way and you can prove your ownership once the purchase is complete.
9. What are the problems you may face if you buy a property without getting an expect legal opinion from the lawyers?
Expert advice is always a good idea when you’re making a life-changing financial decision, and a sale or purchase of a property is a big decision which requires experts help to avoid any future dispute, litigation and loss of hard earned money. Therefore legal verification of the documents becomes extremely important.
Rental Agreement
1. Why we make rental agreement for 11 months?
Rental agreement for 11 months is made to avoid the strict rental law which apply for the lease up to 12 months, that is why also the one month in the count of 12 months is consider as the month of notice period serving by the owner.
2. What stamp paper should we use – stamp paper or e-stamp paper?
There is no stamp paper system left in now. The prevailing system of stamp paper has been replaced by the government in a year 2011. Government has appointed stock holding corporation India limited (www.shcilestamp.com) as their central record keeping agency. So, rental agreement should be made only on e-stamp paper, it is far safe as compare to prevailing system.
3. What is the prescribed stamp duty for rent agreement?
After introducing e-stamp paper no fixed denomination is left. You can make rent agreement on e-stamp paper of any amount, still it is always recommended to make rent agreement on a stamp paper of Rs. 50/- or on higher value to avoid any misshapen in terms of legal crises later.
4. What happens if I rent without an agreement?
There needs to be a legally valid documentation of the terms and conditions of the rental agreement. The lease agreement or rent agreement needs to be in a specific format as per certain convention and laws.
Failure to have a rent agreement signed by both the parties will lead to legal inefficiencies in the case of a dispute.
5. If I am renting an apartment, am I obligated to pay the maintenance charges?
This is valid. The charges paid towards maintenance are generally for up-keeping the apartment complex and maintenance of common facilities like clubhouse, swimming pool and others, in addition to the salaries paid for security, housekeeping etc.
Site / layout / plots
1. What all documents wee need to check before verifying the Site layout and plot?
- Registered Sale deed.
- Registered GPA and sharing agreement.
- Latest tax receipt
- Encumbrance certificate
- Approved layout plan by the Authority
- Survey records
- Records of Rights
- Completion certificate, Mutation certificate and Khata Certificates
2. Why do you need property verification while buying site,layout or plots?
You need property verification in case of buying site layouts and plots because it will give you complete peace of mind to know that there are no other claimants to your property. This is a big deal, given the vast sums involved in such a transaction.
3. Who conducts verification of documents?
Our team of expert lawyers conduct the verification physically as well as online.
Once the documents are received, the lawyers will verify all the property-related certificates and agreements for checking the title deeds and rights of the seller to avoid any future encumbrances.
4. What are all the frauds that can be committed while buying a site or a plot?
There are numerous frauds that can be committed. For example, the seller may not have the right to sell the property, or have only a partial right to sell it. Moreover, there may be a claim by some other person or party over the property.
5. What are the advantages of the verification of the Site layout and the Plot?
Property verification become very important when to check the previous records of the property to save the buyer from future disputes. In respect of the agricultural land the akarband documents is required to check.
Lease Agreement
1. What is a Lease Agreement?
A lease agreement is a legal document outlining the rental terms for either a commercial or residential property between the property owner, also known as the landlord or lessor, and the renter, also known as the tenant or lessee.
2. What is verbal Lease Agreement?
While most lease agreements are written, there are verbal lease agreements that can be enforced as oral contracts; however, it is important to note that not all states allow verbal residential lease agreements, and verbal commercial agreements are prohibited in every state.
Tenants with verbal residential lease agreements are protected by tenants-rights laws that exist in each state. The complexity of commercial leases makes it nearly impossible to substantiate verbal agreements in court and that is why they are not allowed.
3. Does a lease agreement have to be in writing?
No. Most states recognize oral leases or rental agreements that are for a year or less. However, oral agreements often lead to ambiguity about the obligations of each party since memories fade over time.
Having your lease term in writing is a safer bet.
4. Is there a difference between a rental agreement and a lease?
Yes. A rental agreement, or a periodic or month-to-month agreement, is a written contract for a short-term tenancy. Most rental agreements are for 30-days but can be for other periods whereaslease is a contract by which one party conveys land, property, services, etc. to another for a specified time, usually in return for a periodic payment.
5. What Is a Rent-to-Own Lease Agreement?
Rent-to-own lease agreements, also called option-to-purchase or lease-to-own agreements, give the renter the option to buy the property at a predetermined price
. In most cases, the renter pays an option fee to the landlord for the right to purchase the property later. If the renter decides not to go through with the purchase, then the landlord keeps the option fee.
Construction Agreement
1. What Is a Construction Contract?
A construction contract is an agreement between a client that wants construction done and a general contractor.
2. How many types of construction contracts are there?’
Some types of construction contracts are listed below:
- Cost (Plus) Contracts
- Lump Sum Contracts (Also known as Fixed Price Contracts)
- Piecework Contracts
- Unit Pricing Contracts
- GMP Contracts (Guaranteed Minimum Price Contract)
- Rate Contracts
- Target Contracts
- Materials and Labor supply Contracts
Time and Materials Contracts
3. When can one use the Lump-Sum Agreement Contracts?
Lump-sum contracts are a great tool for smaller jobs and quite simple projects.
4. What are the advantages of the Construction Agreements?
- Low risk to the owner.
- 'Fixed' construction cost.
- Minimize change orders.
- The contractor will try to complete the project faster.
- Accepted widely as a contracting method.
- Bidding analysis and selection process is relatively easy.
- The contractor will maximize its production and performance
4. What are the advantages of the Construction Agreements?
- Low risk to the owner.
- 'Fixed' construction cost.
- Minimize change orders.
- The contractor will try to complete the project faster.
- Accepted widely as a contracting method.
- Bidding analysis and selection process is relatively easy.
- The contractor will maximize its production and performance
4. What are the advantages of the Construction Agreements?
- Low risk to the owner.
- 'Fixed' construction cost.
- Minimize change orders.
- The contractor will try to complete the project faster.
- Accepted widely as a contracting method.
- Bidding analysis and selection process is relatively easy.
- The contractor will maximize its production and performance
6. Is it mandatory to have the Construction Agreement in writing?
A construction contract does not have to be reduced to written form for it to exist or operate. Once two parties agree to have construction work performed and the builder commences the work, there is a construction contract that exists, regardless of whether the agreement has been reduced to writing and signed by both parties
7. Construction Contracts are governed under which Act and what are its essentials?
The Construction contract are governed under the Indian Contract Act, 1872 to be valid, should be in consonance and not in conflict with any other laws or rules or regulations for the time being in force
8. What are the main clauses of the Construction Contract?
The Main agreement, General conditions, Specifications, Drawings, Special conditions, B.O.Q (Bill of Quantity), Contractor Bid, The Letter of Acceptance, Schedule of Rates and the Bond. Price, including whether it will be calculated as a fixed fee, cost plus, or cost plus with a guaranteed maximum price; The order of performance and triggering of events; The time of performance of each step in the contract; Warranty obligations; How notices between the parties will be handled; How disputes between the parties will be handled or conducted; How liens on the project will be handled or waived; How the project will proceed in the event of a serious dispute arising during the project; Firing and termination provisions that govern how situations of default will be handled; and,Whether certain items in the contract will be considered allowances (items that the owner is allowed to select within a specified budget) and how allowances will be handled.
Joint Venture / Development Agreement
1. What are different types if Joint Venture?
Types of Joint Ventures India are: Contractual joint venture Equity based joint venture
2. What is a joint venture between a landowner and a real estate developer?
Joint ventures are formed by at least two parties with the objective of achieving a specific investment return. Unlike many other business agreements, when the objective is achieved, the joint venture is usually terminated.
3. What are the attributes of the Joint Venture?
Risk sharing and Combining expertise with capital:
4. Reasons for Termination of a Joint Venture Contract
- One company may be interested in buying the other business.
- The market may have changed, making the partnership no longer necessary.
- One or both of the companies may have newly established goals.
- The purpose of the contract was not fulfilled.
- The shared goals of the joint venture may no longer be applicable.
- The time period set in the contract has lapsed.
5. Differences Between a Joint Venture and a Partnership
While joint ventures are similar to partnerships in many ways, a joint venture is a collaboration on a specific goal or project, and a partnership is a business structure that will dictate how it needs to operate in regards to state law and how it will be identified for tax purposes.
6. What is a Joint venture Agreement and what are its importance?
Joint Venture Agreement is a legal document where two or more entities combine to do business or undertake an economic activity together.
The parties either agree to form an agreement without incorporation of new entity but with the common intention of running a business or create a new entity by contributing equity and share the revenues, expenses and control of the enterprise in the proportion of their capital contribution.
7. How will Acreok help?
When drafting a joint venture contract, there are multiple sections that should be included in every contract and we at Acreok will help you in drafting the agreement in accordance with your needs.
Property Sale agreement
1. What is an Agreement for sale?
An agreement for sale, is an agreement to sell a property in future. This agreement specifies the terms and conditions, under which the property in question will be transferred. The Transfer of Property Act, 1882, which regulates the matters dealing with the sale and transfer of house property, defines the contract for sale or an agreement for sale as under:
2. Is sale of Immovable Property a Contract under the Indian Laws?
“A contract for the sale of immovable property, is a contract that a sale of such property shall take place on the terms settled between the parties” – Section 54. Section 54 further provides that “It does not, of itself, create any interest in or charge on such property.”
3. Importance of agreement for sale
Signing an agreement for sale becomes important in light of several factors. First, this is a legal proof of the buyer and seller entering into an agreement, based on which the future course of action would be decided, in case of a dispute. Also, if you are applying for a home loan, the bank would not accept your application till you sign an agreement for sale.
4. What is the difference between agreement for sale and sale deed?
An agreement for sale is a promise in future, that the property will be transferred to the rightful owner while sale deed is the actual transfer of property ownership to the buyer.
5. What rights does the sale agreement creates?
What the sales agreement creates, is a right for the purchaser to purchase the property in question on satisfaction of certain conditions. Likewise, the seller also gets the right to receive the consideration from the buyer on complying with his part of the terms and conditions.
6. What is the seller fails to sell the property as agreed under the Sale Agreement?
In case of failure of the seller to sell or hand over possession of the property to the buyer, the buyer gets a right of specific performance, under the provisions of the Specific Relief Act, 1963. A similar right is available to the seller under the agreement, for seeking specific performance from the buyer.
7. Can we recover the money through the Sale Agreement?
Yes,you can recover the amount though the Sale Agreement. Firstly, issue a legal notice of 30 days to the person who has taken the moneythereafter by filing a suit for recovery of paid amount with interest as the agreement cannot be executed.
Gift Deed
1. Who can gift property?
Any person who is the legal owner of a property, legal means his name should be there on the papers and the registry records, he can gift that property to anyone.
2. Is a Minor entitled to gift his property and which law governs gift by one person to another?
No, a Minor under the age of 18 years cannot receive gift, though his guardian on his behalf can receive such gifts for him/her
Transfer of Property Act, 1882 is the governing law.
3. Can there be an oral transfer?
A transfer of property may be made without writing, if it is not expressly required by law. Gifts under the Islamic law may be made orally, as it does not require registration.
4. Can you sell a property obtained by gift deed?
Yes, it can be sold if there is no condition attached at the time of registration.
5. I am an NRI. My uncle wants to gift his property to me. Can a gift deed be executed in favour of NRI/PIO?
An NRI (Non-Resident Indians) or a PIO (Person of Indian Origin) is eligible to receive property as a gift. The donor has to be a resident of India/NRI/PIO.
6. What is the perquisite for a property to be transferred as a gift?
[The property to be transferred as a gift must be either a commercial property or a residential property, but not agricultural land, plantation property or farmhouse in India.]
6. What is the perquisite for a property to be transferred as a gift?
[The property to be transferred as a gift must be either a commercial property or a residential property, but not agricultural land, plantation property or farmhouse in India.]
Power of Attorney
1. What is GPA?
GPA is the general power of attorney, executed by a person, for the purpose of getting generic works performed by his representative.
2. What is SPA?
SPA is a special power of attorney, which is executed by a person for getting a specific task performed by his representative.
4. Why should I register a document?
An unregistered document is not legally recognized as evidence, to prove transactions in land.
5. Where should be the document registered?
The documents should be registered only with a Sub-Registrar in whose area, the property or its part is situated. Other documents can be registered with any Sub-Registrar.
6. Are there special rules about such Power of Attorney?
(a)In India, where the Registration Act, 1908, is in force, the Power of Attorney should be authenticated by a Sub Registrar only,
(b)In other areas, attestation should be by a Notary or diplomatic agents.
(d) Power of Attorney executed out of India should be adjudicated before the Collector of stamps after its receipt in India within prescribed time of three months.
7. Does the GPA holder have the right to purchase or sell the property?
GPA holder does not have any ownership on the property. Therefore, even if the GPA is registered with the sub-registrar's office, the GPA holder is not authorised to sell the property on the owner's behalf
8. What are the restrictions that are imposed on GPA/SPA holder?
- GPA/SPA holder cannot sell the property on behalf of the owner.
- They cannot undertake to perform such tasks which are not conveyed to them.
- You cannot sell a property through GPA. It is not valid in India now.
Mortgage Deed
1. Who is a mortgagor?
A mortgagor is a person who borrows money for the purpose of purchasing a real property.
2. Who is a mortgagee?
Mortgagee is the entity that lends money to the borrower against the security of property.
3. What are the conditions which must be fulfilled by the mortgage instrument in order to be valid?
- Mortgage deed should be signed by the mortgagor
- Mortgage deed should be attested by at least two witnesses
- Registration and stamp duty should be paid as required.
4. What all documents do we require for Mortgaging our property with the bank for a loan?
- First and foremost, important thing is 'no encumbrance certificate' if you want to mortgage the property for a loan. Its gives surety that the property is free from Encumbrances.
- Original title Deeds of the property.
- PAN card and Aadhar Card details.
- Previous records.
- Proof of income
- Property tax details of part three years.
5. Why Banks Prefer Registered Mortgages?
Banks prefer Registered Mortgages as the Equitable Mortgage lacks records of loans on property in the office of Sub-Registrar. In an equitable mortgage, only the lender and the borrower are aware of the mortgage/charge made on the property.
Therefore, banking institutions consider an equitable mortgage as a misleading and preferred registered mortgage.
Release Deed
1. What is the meaning of the release deed?
A deed which can be enforced towards anyone who has a pure interest in the property.
2. Can I give Release Deed to my Sibling within family?
Yes. For e.g. It is assumed that post the demise of your parents, the flat is owned by all three siblings in equal proportion and the share certificate issued by the society is in the name of all the siblings. Under such circumstances, your siblings may execute a release deed in your favour when they have to give up their share.
3. Does one have to pay Stamp duty on Release Deed?
Release deed will attract stamp duty for transferring or releasing the deceased interest, depending on the state in which the immovable property is situated
4. What is the Use of a Deed of Release?
A deed of release is used to end an agreement or dispute and to make sure that no party can continue with the dispute or agreement. For example, when a commercial dispute is resolved with another party, both parties will need to formulate a deed of release.
5. What are different types of Deeds of Release?
The following are different types of deeds of release:
- Ending a personal guaranteeis a deed of release that allows an individual to end personal guarantee and personal liability.
- An employee deed of release is part of the employment contract. It relates to the termination agreement, redundancy agreement, or is part of a settlement between an employee and employer.
- Termination of a credit agreement or loan involves ending a mortgage or loan agreement.
- Resolving a commercial dispute is often in relation with a deed of settlement
6. Do wee need to register the Release Deed?
This release deed will have to be registered before the concerned office of the sub-registrar of assurances on payment of stamp duty.
Sale deed
1. I want to sell my property. What are the documents a buyer would need from me?
A buyer could ask you for the original Sale Deed, Title Deed, relevant tax receipts and Encumbrance Certificate.
2. Who needs to pay the stamp duty? The seller or the buyer?
Only the buyer pays the Stamp Duty.
3. Is it mandatory to register documents for the sale of property?
Yes. You can get it done at the sub-registrar's office of the concerned district.
4. What are the actions to taken by the Sub-Registrar once documents are presented before him/her?
The Sub-Registrar has following options in such cases: -
- To register the document and return the original document duly registered to the executant.
- He may refuse the registration of document by a speaking order stating clearly the reason(s) of rejection.
- He may impound the document to the collector of stamp for realization of deficient duty and/or penalty if any.
5. Who are called Collectors and Appellate Authority U/S 47A of the Indian Stamp Act, 1899?
The Sub-Divisional Magistrates is declared as Collector under Section 47-A of the Indian Stamp Act, 1899. The Divisional Commissioner is declared as Appellate Authority under this Act.
6. Can I register my property online?
In a majority of the states, buyers have to visit the sub-registrar’s office to register the properties.
Some states have launched services, to help landlords register their properties online.
Trust deed
1. How to form a "Trust Deed"?
A trust if formed in the matter of a document written and signed by trustees or a sole trustee. There is no definite form to create a trust. Objectives of the trust should be clear and unambiguous.
2. Trust is governed under which law?
A trust can be formed as per Section 4 of Indian Trust Act 1882 for a lawful purpose
3. A Trust can be formed through Will?
YES
4. Who can form a trust?
The following can form a trust under Sec.7 of the Indian Trusts Act 1882: A person capable of making contract can form a trust; Trust can be formed on behalf of minor with permission of Civil Court.
5. What are the essential elements of forming a Trust Deed?
- An Author or Settlor of the Trust
- The Trustee
- The Beneficiary
- The Trust Property or the Subject Matter of the Trust
- The objects of the Trust
6. Is there any Trust registration form?
The registration of Trust or Trust Deed Registration is a one and same thing and each state have prescribed a distinct profess for trust registration.
As such, there is no uniform trust registration form to register a trust. The basic documents to register a trust is the trust deed and KYC documents of its author, trustee and witness of the trust deed
7. Can the defects in the trust be rectified by amendment?
Yes, amendment can be made a rectification or supplementary deed.
Will
1. How to make a will legally binding?
A Will must be attested by two witnesses who must witness the testator executing the Will. The witnesses should sign in the presence of each other and in the presence of the testator.
2. Who is an executor?
Executor is the legal representative for all purposes of a deceased person (testator) and all the property of a testator vests in him.
3. How do I get my Will registered?
Registration of a Will is not compulsory in India. However, registration implies that the person writing the Will and the witnesses have appeared before the registering officers who have verified their identity and attested the same.
4. Is there Any format for the WILL?
There is no prescribed format. It must communicate the intention of the person. It can be in any language and can be either hand-written or typed. There is no stamp duty to be paid on a Will. To be a valid document, the Will must be signed and witnessed by at least two witnesses. The Will should be registered in the office of the sub-registrar of the district in which the testator resides.
5. Where do I get my Will registered?
The Will should be registered in the office of the sub-registrar of the district in which the testator resides. For Registration, the person writing the Will and the 2 witnesses have to appear before the registering officers, who will verify their identity and attest the same.
6. What is Probate of Will?
A probate means a copy of the Will, certified under the seal of a competent Court with a grant of administration of the estate to the executor of the testator. It is the official evidence of an executor's authority.
Khata Extract and Certificate
1. What is a Khatha?
Khatha is nothing but an account. Khatha is the document that shows the account of the owner of the property registered in the property register with the Municipality or a Corporation.
2. What are the contents of a Khatha?
- Property owner’s name
- Size of the property/measurement of the property
- Location of the property
- Built-up area of the property
- Whether the property is vacant or occupied
- Purpose of utilisation of the property
- The annual value of the property
3. What is the Importance of Khata?
All properties falling within the limits of Bruhat Bengaluru MahanagaraPalike (BBMP) are mandated to get a Khata certificate. Obtaining a Khata document is vital for getting building licenses, layout plan approvals, and bank loans in different parts of the State. Owners can easily get electricity and water connections if they have the Khata document.
4. What is the importance of Khata Certificate?
The possession of this certificate helps property owners avail home loans, building plans and occupation certificates easily.
5. What are the documents required to obtain Khata certificate?
All property owners can apply for the Khata certificate by furnishing these documents –
- Latest and updated tax receipts.
- Attested copy of the title deed
- Allotment papers issued by the State’s Housing Board
- Possession documents
- Property location
- Building layout plan
6. What is a Khata Certificate?
The Khata Certificate is a document which identifies the ownership of a property. It is provided to a taxpayer for registering a new property, transferring any property or for availing the various amenities such as water connection, trade license, building license, etc
Khata Transfer
1. What is a Khatha?
Khatha is the document that shows the account of the owner of the property registered in the property register with the Municipality or a Corporation
2. What does Khatha consists of?
- Property owner’s name
- Size of the property/measurement of the property
- Location of the property
- Built-up area of the property
- Whether the property is vacant or occupied
- Purpose of utilisation of the property
- The annual value of the property
3. What is the Importance of Khata?
All properties falling within the limits of Bruhat Bengaluru MahanagaraPalike (BBMP) are mandated to get a Khata certificate. Obtaining a Khata document is vital for getting building licenses, layout plan approvals, and bank loans in different parts of the State. Owners can easily get electricity and water connections if they have the Khata document.
4. What is ‘A’ Khata?
A Khata is issued to a property which has gained all approvals from the concerned authorities and adheres with the building byelaws and taxation norms. The possession of this certificate helps property owners avail home loans, building plans and occupation certificates easily.
5. Can we consider Khata as proof of ownership in property?
No, Khata certificate does not prove the person’s ownership of any property. Khata certificate is the only evidence that proves that the person or owner has paid all the taxes.
Khata is used for registration when purchasing new properties, for water connection, electricity connection, license-such as building license, or trade license.
6. What are the essential documents required for Khata Transfer?
Documents required for Khata transfer with all the scenarios are listed below
- Title deed/ Sale deed
- Receipts of taxes paid
- Blueprint with the location of the property
- Occupancy certificate
- Possession certificate
- Khata extract
- An affidavit is required confirming the applicant is a legal heir to settle cases of a will
- A certificate in case of the death of the previous owner
Attestation service
1. Why attestation of documents is done?
When you present a legal document in a foreign country and In India, it is often very difficult to determine whether the document is genuine, Original and legal and therefore overseas governments sometimes need proof that the Indian documents which you hold is a genuine and not fake, or the signatures of Indian officials on documents, are genuine before they will accept them.
2. What is the Importance of Attesting a document?
Attesting a document confirms the Originality of the document and that it is genuine and legal and therefore can be used for legit purposes.
3. What is the different level of Department to confirm the document as genuine?
The attestation process first starts from state level (Home department of states) and after that Central Govt level, Ministry of External affairs (MEA) and at last Certificate Authentication or attestation has to be completed from India or the Country of Origin from where the Certificates are issued.
4. Should I attest the Originals or photocopies? What if laminated?
Attestation is done on the reverse of the Originals. If originals are laminated, we will remove the lamination and get the attestation done.
5. What should I do in case of Loss of Original Education Certificates?
You need to go to the University/College and submit a Lost Certificate Application. First you need to go to the territorial police station from where it was lost and lodge one FIR (First Information Report).
6. What is an Apostille and when do I need one?
An Apostille is a certificate that authenticates the origin of a public document (e.g., a birth, marriage or death certificate, a judgment, an extract of a register or a notarial attestation).
7. How does Acreok Help you in ensuring the legality of document?
We know that you are concerned or document safety therefore our highly vetted team of professionals at Acreoktake care of your original documents. We take every needful step to keep privacy of your documents.
E-stamp paper
1. Why is a stamp paper required?
Buying, selling or even leasing your property or creating deeds require you to pay a stamp duty on property to the central or state authorities along with the undertakings on the affidavits.
Such payments to the government are done through the purchase of a stamp paper of different values, as decided by the authorities. Once you make the payment, it is proof that the government has been paid the required fee. It also acts as a future reference for you.
2. Which company governs the E-stamping in India?
The Stock Holding Corporation of India Limited (SHCIL) is the Central Record Keeping Agency (CRA) for all e-stamps used in the country.
3. How will I get an e-stamp paper?
The payer has to approach an ACC appointed by SHCIL after filling the application form as prescribed in the e-stamping system. The e-stamp certificate will be generated immediately.
4. What are the payment modes available in the e-stamping system?
A payer can deposit the stamp duty amount through the following modes -
- Cash
- Cheque
- Demand Draft
- Pay Order
- RTGS
- NEFT
- Account to Account transfer
5. Will I get a duplicate copy of e-stamp certificate?
The authority will not issue a duplicate copy of e-stamp paper.
6. Can I modify the details in the e-stamp certificate?
Once an e-Stamp is generated, then it cannot be edited or modified in any manner.
7. After generating the e-stamp, can I cancel the certificate?
The ACCs are not authorised to cancel the generated e-stamp certificates. If you are willing to cancel the certification, then you need to contact the competent authority at the Stamp Office appointed by the State government.
Property Legal Notice
1. When do you send a Legal Notice?
A legal notice is a formal written communication between the parties where the sender notifies the recipient about his intention of undertaking legal proceedings against the latter. It helps in making the recipient party aware of the grievances of the sender.
2. How does sending a Legal notice held the Companies and the Private individual?
Sending legal notice is considered to be a warning to the receiver to fulfil a certain condition if he does not want to take the matter to the court. It is a very time and cost-effective tool for settling the matters between the companies, individuals and the private organisations without any litigation procedure but rather through negotiation, mediation or arbitration.
3. What are the laws governing Legal Notice?
There are no provision for sending legal notice to the individuals or private organisation, it is a set practise to send the legal notice before initiating any suit. However, Section 80 of The Code of Civil Procedure, 1908 provides for sending of a legal notice to the Government or public officer if one wants to initiate any legal action against them for any act committed during their period of employment.
4. What is the process for sending a Legal Notice?
STEP 1: Once the notice has been drafted by the lawyer
STEP 2: It is being signed by the lawyer and the Sender.
STEP 3: A copy is being retained by the Lawyer for future purposes.
STEP 4: The Notice is being sent through Registered Post or through Courier
STEP 5: An acknowledgment slip is being kept as evidence of dispatch.
5. Advantages of a Legal Notice
Legal notices are a vital principle of the courts as it provides a platform and a chance to both the parties to reach a consensus without taking the route of the court.
6. Can a legal notice be sent by email?
Yes, a legal notice can be through e-mail. However, it is advisable to send a copy of the Legal Notice to the addressee via a registered post or courier as well.
7. Is it mandatory to send a legal notice before filing a case?
No! It is not mandatory. But it becomes mandatory to serve a notice under Section 80 of Code of Civil Procedure, when a person is planning to file a suit against the Government or Government body.
Notary
1. Which act governs notarisation authority in India?
Notaries Act, 1952 governs the duties of a notary public.
2. What are the functions of the notary officer?
Certifying, attesting or authenticating any instrument, carrying out translations and verifying such translation of legal documents from one language to another.
He can administer oaths and witness swearing by deponents for affidavits.
3. Who can notarize?
A practising lawyer having experience of at least 10 years and 7 years for SC, ST category candidates and women candidates may become a notary public in India.
A person who has served as a member of judicial services or has held office under state/central government with a position requiring special knowledge of law is also eligible to become a notary public in India.
4. Importance of notarization
A notarized document helps to verify that you are the one signing the document. So, the sole purpose of notarizing a document is to prevent any kind of document fraud and or identity theft by preventing someone from presenting a forged document.
5. Consequences Of Not Notarizing A Document
If you do not notarize your documents, you are robbing it of a layer of authenticity which could potentially get your document rejected in court cases or similar scenarios.
Rules and therefore, consequences relating to notarization or the lack of it vary from state to state in India. But the summary is that if you do not notarize a document, its legally validity and authenticity will be doubtful.
Other Agreement
1. What are different types of property Agreements?
When it comes to the contract executed by real estate/housing complex developers and financiers, the following are the most common types of agreement executed between the parties:
- Joint Development Agreement
- Tripartite Agreement
- Loan Agreement
- Construction Loan Agreement
- Option Agreement
2. What is a Tripartite Agreement?
Tripartite Agreement involves three parties to the agreement i.e. seller/developer, buyer/borrower and financial institution/lender. It is usually executed when the home buyer is in the need of money to complete the transaction with the developer. The financial institution comes into the picture wherein they lend money and if the borrower is not able to repay the money then the property would belong to the financial institution, which the home buyer can’t deny and have to accept them as a new owner of the property.
3. Does Acreok provides help with the above mentioned Agreements?
Yes, Our team of expert lawyers will help you with drafting of each and every agreement in relation to the property matters.
4. What is a construction Loan Agreement?
The Construction Loan Agreement is a legally binding contract between two parties’ i.e. borrower and lender wherein for carrying out the work of construction of the building or for funding of construction project, a short term loan is taken from the financial institution or from non-banking financial institution by the developer of the building.
5. What is an option agreement? Is it legally binding?
The Option Agreement will give the right to the party to the contract to the first chance of purchasing a specific piece of property at a specific price at some future date. It is a legally binding agreement between the buyer and seller which is legally enforceable by law.
Other Paperwork
1. What are the most important paperwork that is required in the property matters?
- Sale Deed of Property
- Patta Certificate
- Mutation Register Extract
- Property Tax Receipt
- Encumbrance Certificate
2. What will happen if I have any defects in the paperwork?
Any defect in the property documents could lead to costly litigations or loss of money and property. Hence, it is important to engage an experienced Property Lawyer to verify property documents before the purchase of the property.
3. What is a Patta Certificate? Is it an important paperwork?
Patta is a revenue record given to the person in whose name the records related to said property are maintained. And in most cases, the Tehsildar’s office of the concerned administrative District will issue Patta. For land having several owners, there may be just one patta – as separate Pattas will not be issued.
4. What are the important paperwork for constructing a building?
Before the commencement of construction, the builder is required to get the necessary sanctions under the provisions of the Building Bylaws, Master Plan and Local Body Acts. This sanction involves two factors – A) The Building Plan and B) The Layout Approval. One mistake that first time home buyers often make is not ensuring that the builder meets the terms and conditions of the Building Plan and Layout Approval before buying the house. Not meeting the terms and conditions could end up in negative results if the local authorities come in for spot checks, which are quite common in newer buildings.
5. What is a mother deed?
The Mother Deed is an important document which traces the ownership of the property. This document is generally required by banks when a buyer avails a loan against the property. An individual may approach the local authorities for help while creating this document.
Buyer service
Phone Consultation
1. What kinds of questions can I ask?
You can ask about anything related to your legal situation in relation to property, such as questions about a specific process for property transfer, documents or forms related to your legal matter, or about the meaning of specific terms or phrases. You can ask for advice, strategic coaching, or insight into possible outcomes.
2. How can I keep my identity private while asking questions?
The set practise is that the client will visit the website and choose lawyer and book an appointment and the contact details will only be shared amongst the two. No personal Information is asked and your details are kept private.
4. Will I get all my queries cleared on Phone call?
Lawyers on Acreok have different and unique expertise. We work to serve your question to the right lawyer for a quick and useful response however it depends on your query. If your query is complex and long then direct meeting is suggested to the client to get a better consultancy.
5. Will our Phone call be recorded?
Yes, the phone conversation shall be recorded with your prior consent to avoid any future dispute.
6. Why Phone Consultation Is Better Than In-Person Consultation?
In today’s tech driven world, most of people like to use instant messaging or call. People are too busy to put aside a few hours to receive a consultation on the far end of town. Everyone is looking for the quickest and safest route that answers their problems.
On phone you can get consultation from multiple expert lawyers. There is no need to visit lawyer’s office. It’s save your time and money also. Taking 2nd opinion or consultation from lawyer, they will provide you truthful, straightforward and unbiased help.
3. Do I need to Book and appointment for Phone Consultation?
Yes, a prior appointment is necessary to speak to our property experts.
Direct Consultation
1. What is a Legal Advice?
True legal advice forms an agreement between an attorney and his or her client based on a particular legal matter the client is experiencing.
2. Does Advice from friends or family constitute a direct legal advice
– NO
3. What are the essentials of Direct Legal Consultation?
- Requires legal knowledge, skill, education and Judgment
- Applies specific law to a particular set of circumstances
- Affects someone's legal rights or responsibilities
- Creates rights and responsibilities in the advice-giver
4. What does not constitute Legal Advice?
While legal advice is specific, direct, and proposes a course of action, legal information, on the other hand, is factual, generic, and does not address any one particular cause of action.
To help avoid the confusion that often comes with legal information, websites and individuals will often go to great lengths to clarify that any information contained in their site should not be construed as legal advice nor form an attorney-client relationship.
5. Does Responses to legal questions posted in online Q&A boards, even if provided by a licensed attorney a legal advice?
No, it is not a legal advice.
6. How is Direct Consultation better from E-mail and Telephonic consultation?
In direct Consultation, pour legal experts will answer your query one on one and will give you opinion based on that, and you can ask as many questions you want but when E-mail and telephonic conversation restricts the conversation and you can’t also judge the Body Language of the other person and that is the reason why Direct Consultation is the most successful one.
7. How will Acreok help in Direct Consultation?
A lot of people live in a dilemma about what to go for, virtual advice or physical advice in the presence of both the client and the lawyer. So, we are at Acreok will give you genuine legal advice via direct consulting.
Email Consultation
1. What is Property Consultation?
Consultation relating toLegal documentation related to property laws which include the drafting and vetting of title documents, lease, license agreements, transfer documents, gift of property documents and all other such services
2. How are the different ways in which property consultation can take place?
We at Acreok aims at providing the best property consultation to different parts of the Country and anybody from anywhere can approach us for genuine consultation in following ways.
- Via E-mail, you can reach out to us at _______________________________
- Via Telephonic Conversation, you can reach out to us at__________
- Via Video Conferencing
- Via Direct consulting on fixing an appointment.
3. Why Email consultation is better?
If you are a buyer or a seller and you have some doubts regarding the property, documents and need help from a lawyer in this regard to avoid any future litigation or dispute you can send you query to us via Email along with relevant documents and our team of lawyers will respond to your query and next course of action.
4. How will it work?
During your consultation, our legal experts will ask about the issues in your case and discuss the merits of the actions and the various ways you can proceed.
5. Is the response to your query shall be counted as Legal Opinion?
No, the response to the legal query shall be accompanied by a disclaimer that this shall not be considered as a Legal Opinion.
Consultation through Video Call
Original Verification at seller's Premises
1. What is Document Verification?
Whenever someone wants to buy a property or take a home loan or mortgaging property against a loan or taking property on lease for long term, it is necessary for them to check out all the documents related to the property before making a decision to buy so that in future the owner doesn’t get into legal trouble because of improper documents.
We at AcreOk have experts specifically dedicated for the purpose of verification of property documents and can provide best consultation about the process.
2. Is it compulsory to get your Original documents verified?
It is not compulsory to get property verification done. Property document verification is done to clear any kind of doubts in the mind of the buyer regarding the property like title, ownership, encumbrances etc.
3. How long will it take to verify the documents?
Legal verification of property can be done through AcreOk 10-12 days.
4. Why is Documents Verification necessary in property matters?
Whenever you are buying a property, or taking it on a lease or taking a loan against property you need to do the property verification to check the authenticity of the property documents.
5. What if I have partial documents right now?
We recommend you to buy paper verification and book your time and share the documents with us. While you can arrange your remaining documents; Lawyer will examine the available documents and the process will be faster as you share the remaining documents
Encroachment Check
1. What is Encroachment?
Encroachment is a real estate situation where a property owner violates contractual property rights by unlawfully entering, building, or extending structures onto their neighbour’s land without permission.
2. What are different types of Encroachment seen in Karnataka?
- Lake Encroachment- When the people come and start residing near the lake area. In Bangalore the radius for the encroachment is 100m and strict action is taken against the encroachers by the Municipal corporation.
- Forest Encroachment- The villagers living on the periphery of forests are the ones who encroach into the core areas in search of natural resources. Forest land, as much as thrice the size of Bengaluru, has been encroached upon in Karnataka as of October 2016. Encroachments are done by illegal land grabbers.
- Waste Water Encroachment- Residing in the places which are meant for the Waste and Sewage management.
3. What is the action taken against the Encroachers?
Once the Concerned Authorities identify encroachers, they file a chargesheet against them and they are penalised by the court.
4. What is the Encroachment done is non-intentional?
Whether the encroachment is intentional or not, the property owner is still liable for violating the contractual property rights of their neighbour.
3. What is Major Encroachment?
It refers to a situation that needs to be negotiated, authorized, or taken to court. Examples of a major encroachment would be extending a building over property lines or an overhanging tree branch that could potentially cause serious injury.
5. Is Building a fence that goes past your own property line and into your neighbour’s encroachment?
-Yes
5. Is Government construction that overlaps property lines without first notifying the owner encroachment??
Yes.
Review of Agreements
1. What is different type of Agreements? And why is it important to review them?
Different types of Agreement are as follows:
- Sale Agreement
- Joint Development Agreement.
- Release Deed
- MOU’s
- Partition Deed
- Builder-Buyer Agreement.
- Loan Agreement
- Construction Agreement etc.
2. Do I need a Lawyer to review my property agreements?
The short answer to this question is always YES. When you enter into a real estate transaction, a real estate agent will present you with a contract that may seem already set in stone. What most people do not know is that they have the power to still negotiate many aspects of the real estate contract. This is why you should always take the contract to an experienced real estate attorney before signing the dotted line.
3. What is there in the Agreement that needs to be reviewed by lawyer?
A real estate agreement sets out the terms of the transaction and includes important information such as the purchase price, closing date, and what is included with the house. While some terms and sections of the contract may be easily understood by a layperson, it often takes an attorney with real estate experience to spot and explain the meaning of unique real estate jargon
4. Are Real Estate Agreement complicated?
No real estate Agreement is “typical” or just a “form.” A real estate Agreement is a complicated document that can impose burdens and liability on the parties.
5. Who should draft the Agreements Real Estate Agents or the Lawyers?
Real estate agents often prepare the purchase and sale agreement by completing a contract form template. An attorney is better suited to drafting the contract as he or she understands the legal issues in the matter. An attorney also assists with other aspects, including negotiating and drafting contingencies, reviewing title, and loan documents. Other legal issues that may call for an attorney include easements, restrictive covenants, rights of way, boundary disputes, or other title matters.
Yellow / Green Belt Verification
1. What is zoning and why is it done?
Zoning refers to the division of vast land banks for different purposes, in order to ensure multi-faceted development of a township or a city. Each zone has a specific purpose, such as residential, industrial, commercial, etc.
Zoning is used by the local authorities, to control the construction and development of real estate in a specific area. To regulate the construction, zoning laws are drafted, which provide the specifications for construction and usage in that specific zone. For example, commercial activity or construction may be prohibited in a residential zone.
2. What are the advantages of Zoning?
- Zoning ensures that lands are visibly demarcated for a particular purpose.
- Zoning is required to stop reckless and unregulated construction of property not conducive to the specific zone.
- Proper zone segregation ensures that land is being used for specific purposes, as prescribed and not for a different one.
3. What is yellow and green belt in the real estate world mean?
Yellow belt areas are specified for residential purpose by the development authority. Whereas a green belt is for maintaining greenery or agricultural land. Shades of green can be used for signifying forests, lakes, valleys, ponds, gardens or cemeteries.
4. Can a land situated in green belt could be used for residential purpose?
A land situated in the green belt, meant for agriculture, can be changed and used for residential purpose, only after getting due approval by the concerned DC.
5. What are Red Zone properties?
Red zone red zone land indicates area which can be utilized for public and semi-public activities such as opening schools, healthcare centres, parks, temples, etc.
6. What does dark yellow zone mean?
The yellow zone is further divided into two shades, i.e. dark and light yellow. Light yellow means mixed-use residential land. Dark Yellow means mixed-use residential property wherein some essential services such as grocery mart, clinic, etc. are permitted. In the Yellow zone, 33% are can be used for commercial activities.
7. What is green Zone and its shades reserved for?
Green Zone has 4 shades - reserved for Forest, Valley, Lake, Tanks, Ponds, Parks, Gardens, Playgrounds, Cemeteries’, Burial Grounds, Graveyards etc.
8. Can one buy green belt land?
You cannot buy a green belt land as you are a non-agriculturist. In order to buygreen belt land, you must satisfy the criteria laid downin the land reforms act of that state.
Cross Check At Govt. Offices
1. What is property verification?
Whenever someone wants to buy a property or take a home loan or mortgaging property against a loan or taking property on lease for long term, it is necessary for them to check out all the documents related to the property before making a decision to buy so that in future the owner doesn’t get into legal trouble because of improper documents.
2. Which Government office has the records in relating to the Property?
All the documents and deeds on relation to a property will be found in that areas’s Sub registrar’s Office.
The Sub-registrar under the Registration Act maintains the records of all the Public and Private documents of the Property.
3. What is the purpose of registration of a document of transfer of immovable property?
The purpose of registration of a document of transfer of immovable property is that after registration, the document of transfer becomes a permanent public record. A public record can be inspected by any person and a certified copy can be obtained from the office of Sub-Registrar.
4. What are the advantages of getting property verified form government office?
- Assurance that property involved in transaction is free from litigations
- Easier to take loans against property after verification
- Assurance that seller has right to sell the property
- Avoiding a transaction if fake or forged documents are presented
- The seller might try to sell the same property multiple times and fraud people which can be avoided through property verification online.
5. Is it required to get cross verification done?
It is compulsory to get property verification done.
Property document verification is done to clear any kind of doubts in the mind of the buyer regarding the property like title, ownership, encumbrances etc.
6. What is the time period involved in completing the property verification process?
Generally, it takes 5 to 8 days in completing the property verification.
