36226760 Verification of Title of Land

8/8/2019 36226760 Verification of Title of Land

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Draft for Discussion

LEGAL DOCUMENTATIONS

Legal Verification with Questionnaires to vendors

1) POSSESSION

NU INVESTIGATIONS REPORT

A What is the total area of

land in the possession of the

vendor?

B Are they all in his Khas

possession and also under

personal cultivation? Or

who are in actual possession

and under what rights?

C Are there any bhag chase

(@J]*x x*l@*|

*l )in the property?

D Who are the person or

persons actually cultivating

the lands and the nature of

products?

E Whether any person other

than the owner cultivating

the same not being a

member of owners /

vendors family.

F Please produce paid up

Kandayam receipts for the

last 12 years, showing that

no taxes are in arrears.

GIs the property vacant or in

the occupation or habitation

of any body?

Under what rights any

habitations were found?

H Are any requisitions of the

panchayaths subsisting in

respect of the property

including notice.

Unauthorized constructions,

demolition encroachment,

etc.?

I


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2) NATURE OF LAND AND DESCRIPTION

NU INVESTIGATIONS REPORTA Survey number

B Village / hobli / taluk /

dirstict

C Wheter any irrigation

tank beside the land?

D Whether any public

drinking water source

around the land?

E Whether any reserved

forest or natural stream

around the land?

F Whether any public

path roads passing

inside the land?

G Are they situated in

irrigated or non irrigated

area?

H To which class the vendors

land whether it is A,B,C,D

as specified in schedule 1,

part A, of Karnataka landReforms Act. 1961


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I

3) CLARIFICATIONS UNDER LAND REFORMS LAWS


A Whether the vendor has

filed FORM No7 under

Karnataka land reforms

Act? If so please produce a

copy of the same for any

inspection. Old rent receipts

granted by zamindars are to

be produced.

B Was there any proceeding

before the land tribunal or

orders of land tribunal or

appeal over the orders of

land tribunal regarding the

property?

C Is there any notice under

section 84 of the Karnataka

land reforms Act 1961 for

failure on the part of

vendors from non

cultivation of land for two

years or more.

D If the land is begotten

as a tenant under

Karnataka land Reforms

Act? Produce the final

orders passed under section

48A by the Tribunal? Verify

with affidavit that non

alienation period of 15 years

was completed from date ofTribunals order to specific

date. Also verify with

affidavit that there is no

appeal pending against the

orders of Tribunal in any

higher courts. Produce,

FORM No:- 10 in Rule 21 of

the Karnataka land

Reforms Rules 1962.


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EWhe Whether the land is granted

under section 77A of the


Act, If so produce FORM

11ccc of the Karnataka

Land Reforms rules

provided by designated

Revenue officer as Title

deed for grant of land under

that provision.

F What is the total area of

lands in possession of the

members of the vendors

family? Did the same everexceed the maximum ceiling

limit permitted under

section 63 of the Karnataka

land reforms Act 1961 and

its amendment from time to

time. Whether the

declaration under section 66

of the Karnataka Land

reforms Act was filed. Is

there any prohibition of

alienation of holding as

under section 74 of the

Karnataka land reforms Act

1961.

G Was the land got through

the procedure laid down in

section 77 & 78 of


by ways of grant to

dispossessed or displaced

Tenant quota or landless

agricultural Labour Quota.

If so give particulars by

providing FORM 11 D of

the Karnataka Land

reforms rules.

H

I

4) OTHER PROPERTY DETAILS OF VENDORS.


A Are there any other lands in

possession and ownership of

vendors? Please specify the

details of survey numbers,

extent, area of location

nature of land.


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B IF land is owned in different

Khatas or is under joint

share give specific share in

each Khatha. If

consolidation of

holdings/acquisition

proceedings etc., is in

progress in the area whether

transfer of land is possible

under state enactments.

CWhether any prior./hidden

charges exists against the

land, non encumbrance

should be for a period of 12

years proceeding the date of

this non encumbrance

certificate.

D

E

F

G

H

I

5) KANDAYAM AND OTHER DETAILS


A Are the lands subject to any

levy? How much value of

food grains produced by

vendor during current year.

(2005-2006)

B Any proceeding in any court

in connection with the levy /

Kandayam / Tax.

C Name of the Gram

Panchayath and taxes if any

payable?

D Is there any Rent / Public

Charges / Road Cess /

Education Cess/ Irrigaiton

cess/Electricity consumption

charges / etc., regarding the

lands? Please produce


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receipts of showing the

payments upto date.

E Are any impositions or

outgoings other than the

revenue Kandayams

payable out of or in respect

of the said property? If so

please specify details with

upto date documents.

F Whether the land revenue

receipts in custody of vendor

are in tune with Annexure

1, FORM 36, Rule No. 109,

of he Karnataka land

revenue rules 1966?

Whether official seal of

Taluk office is there?

Whether the vendor has

verified his khatha entries

with village accountant?

Whether the boundaries

tallies with all Documents of

title and in reality? Whether

any rectification deed is

required ?

G

H

I

6) LISPENDENSEY DETAILSNU INVESTIGATIONS REPORT

A Was the land ever subjected

to any proceeding under

Karnataka land revenue Act

/ Indian easements Act /

Land acquisition Act/


Act / Karnataka Inam

aboliton Act / Karnataka

Village office abolition Act/Indian Succession Act/

Probate & Succession

Laws / Wakf Laws / and any

other personal Laws and

Public Laws, if so give

particulars.

B Did the property ever vest in

official trustee or official

assignee or official receiver

under the orders of any


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Judicial or Quasi Judicial

authority?

C Did the property was ever

affected with proceedings

under section 145 & 146 &147 of Criminal procedure

code if so provide necessary

details? Whether vendors

were subjected to

proceedings under section

125, 82, 83 & 85 of Criminal

procedure code.

D Whether any execution

proceeding pending against

the vendor?

E Whether any suits relating

to injunction / declaration /

eviction / maintenance /

partition / debt recovery /

money claims/ pre-emption /

etc, were ever made if so

with what results? Whether

compromised? Whether

decreed? Whether pending?

Whether appeal pending? If

so provide full details.

F

G

H

I

7) TITLE TRACING


A Was the land got through

the procedure laid down in

section 77 & 78 of


by ways of grant to

dispossessed or displaced

Tenant quota or landless

agricultural Labour Quota.

If so give particulars by

providing FORM 11 D of

the Karnataka Land

reforms rules.


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B In case of transfer of land by

a member of SC & ST

whether permission of the

Revenue officer obtained?

C Is the property subject to or

affected by any trust,

Mortgage, Charge, Lease,

lien, lispendens,

Maintenance, Marriage

Expenses, Attachment or

any other encumbrance or

any right easement in favour

of any person or persons?

Any right of pre-emption in

favour of any person.?

D Whether the land in

question is previously

Gomal land ? Wakf

property/ phut kharab,

having public rights.

E Is the property subject to

any prescriptive rights of

any body?

F Whether the land is Inam

regrant lands? Whether the

regrant was made on or

after 9.5.2003? Whether the

occupancy price under

section 5(1) of Karnataka

village office abolition act

1961 was paid evidence with

receipt? Whether anyproceeding under section 7

of KVOA Act 1961 is

pending before Deputy

commissioner? Whether

there is any restriction on

transfer of property under

section 7A of KVOA act

1961.

G Whether there is any WILL

executed or WILL

registered by anscestors of

vendors.

H Whether the property

inherited through the

WILL? Whether registered

or unregistered? Whether

letter of probate obtained?

Whether as a Hindu probate

and Succession certificateobtaining exemption


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claimed.

I Whether the inheritance of

land through WILL /GIFT

is subjected to any

conditions / onerous /obligations /charges.

J Whether the inherited

property is held as stridhana

property?

8) DOCUMENTS


A Produce mutation certificate

along with details of

documents quoted in it.

B Please produce paid up

Kandayam receipts for the

last 12 years, showing thatno taxes are in arrears.

C What title deeds and

documents will be handed

over to the purchaser on

completion of sale?

D Whether official death

certificates about death of

persons concerned with the

property produced?

E

F

G

H

I

9) OTHER IMPORTANT DISCLOSURES


A Names of the co-shares of

the property who cannot be

prima-facie seen in

documents but exclusively

with in the knowledge ofvendors.


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B Is there any defect in the

title which it is not possible

for the purchaser to

discover or ascertain by

searches and enquires butwhich is or may be within

the vendors knowledge or

which the vendor may be in

a position to ascertain.

C Did the vendors previously

for the sale of the said

property enter into any

agreement with any other

party and was any earnest

money received? If so what

is the present position? If it

was cancelled on what

grounds? Was the earnest

money refunded? Please

produce the cancelled

agreement if any.

D If vendor is selling all his

property without having any

other property in his name

expose it.

E Whether any member of the

family was given / taken in

adoption?

F Whether there is any loan

raised by vendors for

agricultural purposes

including making land fit

for cultivation, cultivation of

land, improvement of land,

development of sources of

irrigation, raising and

harvesting crops,

horticulture, forestry,

planting and farming, cattle

breeding, animal

husbandry, dairy farming,

poultry farms, and such

other activities as are

generally carried on by

agriculturists, marketing of

agricultural products their

storage and transport and

the acquisition of

implements, vehicles and

machinery in connection

with such activity. If so

provide details.


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G

H

I

10) ACQUISITIONS


A Is the property affected by

any preliminary acquisition

notification under BDA /

Railways / Telegraph Act /

Electricity Act / Metro

Railways / BMRDA / BMP /

Panchayath schemes /

Country & town Planning

Act Schemes / ODP & CDP

Schemes / KIADB Act

schemes / either under land

acquisition Act or underspecial Acts? Whether any

objections filed to

acquisition notification?

Whether final notifications

made or not or possession

taken or not? Whether

acquisition dropped? When

it is dropped/ provide details

of it along with any copies of

notices, objections & Awardnotices.

B Whether the land has any

heavy electricity

transmission cable or poles

over it provide necessary

details of it.

C Whether the land has anyunder ground water pipe line/

Electric Transmission cable/Telegraph cable/ Gas pipeline /

or private water pipe line under

permission. If so specify with

details.

D

E

F


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G

H

I

11) NOTICES


A Are any requisitions of the

panchayaths subsisting in

respect of the property

including notice.

Unauthorized constructions,

demolition encroachment,

etc.?

B

C

D

E

F

G

H

I

12) MAINTENANCE


A Whether any advertisement

inviting claims and

objections to such a sale is

made and steps taken to

make dependants

particularly the wife of the

vendor a party to the sale in

case the vendor has no other

property or properties.

B Who are the persons entitled

to maintenance against the

property under the Hindu

adoption and maintenance

Act 1956?


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C Whether any suit for

maintenance touching or

concerning the property.

Any property occupied

separately in view of

maintenance.

D Are there any public rights,

easements or any restrictive

covenant affecting the

property? If so specify

details with consequences.

E

F

G

H

I

13) PUBLIC RIGHTSNU INVESTIGATIONS REPORT

A Are there any public rights,

easements or any restrictive

covenant affecting the

property? If so specify

details with consequences.

B Whether the Kharab

portion of land in the

property is used for public

purpose or occupied by a

road or recognized foot path

or lines in the middle of the

land or used for a burial or

funeral ground by public or

is it a Gokatte or whether it

is cultivated by vendors by

paying his usual assessment.

C

D

E

F

G

H


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14) BOUNDARIES


A Whether there is any

disputes regarding

boundaries in the office of

surveyor? Produce

certificate from survey

office that there are no

entries in FORM No. 14 of

Rule 50 of the Karnataka

land revenue Rules 1966.

B

C

D

E

F

G

H

I

15) ANY ARREARS UNDER ANY LAW.


A Is there any arrears of

royalties / Water rates/

cesses / charges / fees /

apremia penalties / fines

payable to state government

for use or occupation ofland or water or any

product of land or is their

any arrears to the state or

central Government under

any other law for the time

being in force which can be

recovered as an arrear of

land Revenue from

vendors? If so specify

details.


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B Investigation under IncomeTax Act 1961.

(Please investigate whether

provisions of S. 230 A and

chapter XX-C of the IT Act

1961 have been complied

with and whether anyacquisition proceedings

under S.222, chapter XX-X

have been initiated against

the immovable property, if

any acquisition proceedings

etc., are pending or have

been finalized. Please give

full details thereof along

with ht necessary

documentary evidence.

Please also advise whether

any prior permission of the

concerned assessing officer

under s-281 (1) is required

for any transfer (by way of

sale, mortgage, gift, ex-

charge or any other mode of

transfer whatsoever) of the

immovable property.

C

D

E

F

G

HI

A SWORN STATEMENT BY THE SELLER ABOUT THE INFORMATION

PROVIDED BY HIM IN THE COURSE OF VERIFICATIONS

Affidavits required from party

a) Swearing to facts about his G-tree

b) Swearing to facts about his income whether Individual or

HUF

c) Swearing to facts about, whether he has filed his property

investment details with Income tax authorities or not

d) Swearing to facts about, EC, that he has properly verified it

personally

e) Swearing to facts, that he has not made any hand loan

arrangements with private parties.

f) Swearing to facts that there is no pending disputes or

adjudicated disputes regarding the property.

g) Swearing to facts about the nature of present possession ofthe property

h) Swearing to facts that there are no members of his family

who can claim legal maintenance/partition/ charge over the

property?

Documents verified:-Sl

n

u

Description of documents Nature of

document

Whether

original

verified or

otherwise

Comment

1


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2

3

4

5

6

78

9

Summary note on each document

Sl

n

u

Document Note

1

23

4

5

6

7

8

9

This is to certify that the questionnaires and REPORT

regarding verification of title to property is made in my presence. I

have read out all the questionnaires with legal advice to vendors by

translating it in kannada and vendors have provided with the above

answered information understanding all the relevant laws. I have

explained to vendors, the legal consequences in falsely representing

any of the above questionnaires signed by them in my presence as

above, I have prepared the required list of documents along with copy

of documents, verified and certifying copies to be the Photocopy of its

originals.

Place : Advocate signature with Seal

Date :

Name:

Enrollment Number:

Office address:

Telephone number:

WITH THE ABOVE VERIFICATION IAM OF THE

OPINION THAT VENORS TITLE TO PROPERTY IS LEGALLY

GOOD/ LEGALLY HAVING LOOPHOLES AS ENVISAGED IN

THE COMMENT ABOVE


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Place : Advocate signature with Seal

Date :

Name:

Enrollment Number:

Office address:

Telephone number:

36226760 Verification of Title of Land

Documents

Transcript of 36226760 Verification of Title of Land