Change Of Ownership Form And Check List - Housing Authority Of: Fill & Download for Free

Here is a list of important property documents required to buy an apartment or an independent house.1. Sale Deed:A Sale Deed is the core legal document that acts as proof of sale and transfer of ownership of the property from the seller to the buyer. A Sale Deed has to be mandatorily registered. It is important that before the Sale Deed is executed one should execute the sale agreement and should check for compliance of various terms and conditions as agreed upon between the buyer and the seller. Before executing the Sale Deed, the buyer should check whether the property has a clear title. He/she should also confirm if the property is subject to any encumbrance charges.* A seller should settle all the statutory payments such as property tax, cess, water charges, society charges, electricity charges, maintenance charges etc., (subject to the agreement) before executing the Sale Deed.2. Mother Deed:Mother Deed, also known as the parent document, is an important legal document that traces the origin/antecedent ownership of the property from the start (if the property has had various owners). It is a document that helps in the further sale of the property, thereby establishing the new ownership. In case of absence of the original Mother Deed, certified copies should be obtained from the registering authorities. Mother Deed includes the change in ownership of the property, be it through sale, partition, gift or inheritance. It is very important that the Mother Deed records the references to previous ownership in a sequence and should be continuous and unbroken. In case of a missing sequence, one should refer to the records from the registering offices, revenue records or the recitals (preamble) in other documents. The sequence should be updated until the current owner.3. Building approval plan:A building plan is sanctioned by the BDA (Bangalore Development Authority) or BBMP (Bruhat Bengaluru Mahanagara Palike) or BMRDA (Bangalore Metropolitan Region Development Authority) or BIAPPA (Bangalore International Airport Area Planning Authority) without which the construction of the building is illegal under the Karnataka Municipal Corporations (KMC) Act. A building owner has to get an approved plan from the jurisdictional Commissioner or an officer authorized by such Commissioner. However, the authorities sanction a building approval plan based on the zonal classification, road width, floor area ratio (FAR) and plot depth. A set of documents are required to be submitted by the owner in order to obtain a building approval plan. The documents include- Title Deed, property assessment extract, property PID number, city survey sketch (from the Department of Survey and Settlement and Land Records), up-to-date tax paid receipt, earlier sanctioned plans (if any), property drawings, 2 copies of demand drafts, foundation certificate (if any) and a land use certificate issued by the competent authority (viz., Dy. Commissioner). It is mandatory that the building owner hires a registered architect who will draw a plan meeting the applicable bye laws. One can get a building approval plan within 4-5 working days if all the requirements are met, via the newly invented BBMP software- Automated Building Approval Plan.4. Commencement Certificate (For under construction property):A Commencement Certificate is a legal document issued by the local authorities (BDA/BBMP & alike) after the inspection of the site. This document states that project meets the give criteria and helps in the commencement of a construction on a site by the builder. Failing to acquire a Commencement Certificate will result in the construction being considered illegal, levy penalties and can even attract an eviction notice.5. Conversion Certificate (Agricultural to Non-Agricultural land):With a vast amount of land being agricultural in nature in Karnataka, a Conversion Certificate is mandatory to be obtained from the legal body for the property. A Conversion Certificate is issued to change the use of the land from agricultural to non-agricultural purpose from the competent revenue authority. Further, the competent revenue authority requests the Department of Town and Country Planning to issue an NOC for the conversion of land for residential purpose. There are a certain set of documents to be submitted by the owner to acquire a Conversion Certificate. The documents required to obtain a Conversion Certificate are;3 copies of the R.T.C extracts, Village map, land sketch, certified copy of the land tribunal, zonal certificate, Title deed, no dues certificate by village accountant and Mutation Records (MR) copy.6. Khata Certificate and Khata Extract:Khata is derived from the word ‘account’. It is an account of a person owning a property. It typically consists of (a) Khata Certificate and (b) Khata Extract. A Khata Certificate is mandatorily required for the registration of a new property and the transfer of a property. Khata Extract is nothing but obtaining the property details from the assessment registrar. It is needed while property buying and acquiring trade license. The Khata is widely referred to as A Khata and B Khata (Revenue records extract). ‘A’ Khata has properties listed under BBMP jurisdiction with legal property construction and ‘B’ Khata has properties under local jurisdiction with violated property constructions. One should avoid buying a B Khata property as it will be deemed as an illegal construction. Nevertheless B Khata may be converted to A Khata under certain schemes by paying penalty to the Government.7. Encumbrance Certificate (EC):Encumbrance means charges in the ownership or liabilities created on a property that is held against a home loan as security. An EC consists of all the registered transactions done on the property during the period for which the EC is sought. Simply put, it is a certificate sought for a particular period evidencing the property purchase/sale, the presence of any transaction or mortgage. One should submit a copy of the Sale Deed to obtain an EC. A person applying for an EC should fill in the Form 22, affix a non-judicial stamp and submit it to the jurisdictional sub-registrar’s office. Complete residential address, property survey number, property location, the sought period, property description, its measurements and boundaries should be mentioned in the Form. A nominal fee amount will be charged on a yearly basis. The time taken to obtain an EC will be between 3-7 working days or more depending on the period sought.8. Betterment charges receipt:Betterment charges are also known as improvement fees/development charges that are to be paid to the BBMP before a Khata can be issued. Currently the developers are entitled to pay a fixed amount as betterment charges to the municipal body. A receipt of the same should be obtained at the time of property buying.9. Power of Attorney (POA):A POA is a legal procedure used to give authority to another person by the property owner on his/her behalf. One can either give a Special Power of Attorney (SPA) or a General Power of Attorney (GPA) to transfer one’s rights over one’s property.10. Latest tax paid receipt:Receipts for property tax bills ensure that taxes for the property are paid up-to-date to the government/municipality. For properties falling under the BBMP jurisdiction, it is mandatory for property taxes to be paid up to date so a buyer could get a Khata issued in his name. It is therefore important for the buyer to make enquiries with the government/municipal authorities to ensure that all the dues are cleared by the seller. The buyer should ask the seller for the latest original tax paid receipts and bills and check the details of the owner’s name, the tax payer’s name, and the date of payment on the receipt. If the owner does not have the tax receipt, the buyer can contact the municipal body along with the survey number of the property to confirm the ownership of the land. Nevertheless, the buyer should also ensure that other bills such as the water bill, electricity bill etc. are paid up-to-date.11. Completion Certificate (for a constructed property):A Completion Certificate is issued by the municipal authorities denoting that the building is in compliance with their rules in terms of height, distance from the road, and is constructed as per the approved plans etc. This document is important at the time of purchasing a property and seeking a home loan.12. Occupancy Certificate (for a constructed property):When the builder applies for this Certificate, an inspection is carried out by the authorities to ensure that the construction meets all the specified norms. This certificate is obtained after the completion of the construction. It is important at the time of buying a property, seeking a home loan, before the builder allows people to take possession of the property and, for the transfer of Khata. Basically, it certifies that the project is ready for occupancy.While it is important to seek all the above documents from the seller at the time of buying a property, it is also critical you deploy a competent property lawyer for vetting of the said documents. Specific advice should be sought about your specific circumstances.Courtesy: http://www.homeshikari.com/blog/12-important-documents-check-buying-property-2-795/

An encumbrance certificate is a certificate issued by the sub-register office of revenue department. An encumbrance certificate popularly knows as EC.Encumbrance certificate is one of the vital document to verify before we buy the property. An EC helps to verify,Mortgage liabilityCourt attachmentOwnershipProperty scheduleRegistration date and allotment numberMarket price and consideration priceDeed type (Acquired through sale deed, gift deed or inherited)History of registered transactions & change of ownershipsIf the property has been encumbered with mortgage and court attachment, property has no marketing title and cannot entitle to sell.If the property has not encumbered, it has a clear marketing title to sell & buy.The encumbrance certificate is usually issued in 2 forms: Form 15 or Form 16Form 15: is issued when the property has any encumbrance during the said period, Nature of encumbrance could be gift, partition, loan, lease, legality, and parties involved in dispute.Form 16: is issued when the property doesn’t have any encumbrance during the said period. Also, know as NIL ENCUMBRANCE CERTIFICATE (NEC). Having a clear marketing title to sell.An EC is not only helpful to verify the property while buying. It is also an important document for several other purposes. Listed below for your consideration.Loan applicationExtract the information to draft sale agreement & sale deedProperty tax applicationKhata transfer applicationTherefore, an EC is mandatory at every part of property dealing that could be verification, loan, drafting the deal, obtaining property tax, khata, and submitting ownership proof to tenant at the time of renting or leasing the property, etc..One can obtain an EC for up to last 30 years,For property verification, It's always safe to obtain the EC till current date. Only current dated EC provides up to date transactions, avoid old dated EC.An EC looks like below image,An EC consist of 9 columns. here is the description of each column of an EC.In Karnataka (including Bangalore), a property registered after 2004, can obtain EC online. Here is the step by step procedure to obtain your EC online.Step 1: Open the website Kaveri online servicesStep 2: New users should register. Click “Register as new user”. Below image with circle for your reference.Step 3: Fill the registration form. Filling the registration form is very easy. It just needs your name, gender, county, permanent address, mobile number, email id, and anyone ID proof number that could be PAN, driving license, or aadhaar number. Below registration form image for your reference.Password recovery question.User name, password, and activation code sent to your mobile number through SMS.Meanwhile, the web page will automatically direct to activation page as below.Enter the activation code received through SMS or email,This completes the registration process.You will be auto directed to home page, to enter user name and password.Step 4: Login and Click online EC (Black circled in below image)Step 5: An EC application form can be filled either by property number or party name (Buyer or seller). Both the options have been circled in below image.To fill the application form, you should have your sale deed handy. Details require likeRegistration date: is located at 1st page of sale deed.Party name: Buyer or seller name, locate the party name at 1st page of Sale deed.Property details (address): Refer to the schedule section of sale deed.Property number: Survey number, Katha number, Site number. corporation number etc…So on, you can search the EC by using multiple numbers alloted for independent buildings, apartments, and land.Step 6: Let me explain in detail about filling the application form by using the option “search by party name” because this option of application form has less to fill and better accuracy. Below is the step by step procedure.Click on “search by party name” Below image with circle for your reference.Property registration duration (Registration date): Select from date and to date. To locate the registration date, refer to the 1st page of sale deed. Below image with circle for your reference.When you select the registration date, select one day before and one day after the registration date. For example, if property registered on 6th June. Select the date as 5th June and to date as 7th June.Property details: You have to type the district name. Next select village name from the drop-down list.District name and village name are found at schedule section of sale deed. Below image of schedule section of sale deed for your reference.Party Name: Type buyer or seller name.Click at “Check to apply for digitally signed EC” and click the button “search”. Refer the below image with circleAt next page, an application number will be allotted. Click “Proceed” button to move ahead. Below image for your reference.Step 7: At next page, Application form and watermarked EC will appear. Below image for your reference.If the details in watermarked EC is correct, proceed with payment.Step 8: Make the payment. Rs. 40/-. as below imageStep 9:Transaction receiptStep 10: Submit the application. Refer the below.Step 11: You will receive an SMS in same day that your application has been accepted. Below image for your reference.Step 12: Within 2 days, you will receive another SMS that your EC has been signed and uploaded. Below image for your reference.Step 13: Go to home page of kaveri onlile services and click the icon “pending and saved application” (Below circled image for your reference).Step 14: In-service type, select “online EC application”. Below image for your reference. Here you can check the status of an application and download EC.This completes the online procedure of applying for EC.When you verify the property. there are few other insights that don’t cover under EC. Some of the insights for your consideration.Unsecured loanEncroachmentMany aspects of litigation.Family tree and their rightsLand conversion statusMost people have the misconception that current owner’s details will be mentioned in EC but please be noted, EC will show only registered owner and registered transaction. You will have no idea if the property has been bought or sold without registration or under agreement with someone without registration.Current owner’s details may not reflect if it is inherited propertyCurrent owner’s details may not reflect if it assigned through court order.If you are purchasing the property, Better extract the EC on your own. Never be depend on seller or builder to issue EC, because EC can be tampered or facked.Hence verifying EC alone is not clear enough to take your buying decision. Check all the possible documents pertaining to property. Inspect the property at multiple days at multiple time frames. Talk to neighbors, family members, and have a lawyer beside you for critical deals.Here is the list of other possible documents to verify apart from EC.Mother deedSale deedKhata transferoccupation certificateTax paid receiptRTC extractLayout planDevelopment authority approvalNo objection certificate from bank if the property was bought on loanNo objection certificate from housing society in case resale propertyAadhaar of sellerand many more possible documents depends on type of property like land, independent building, or apartment.In Karnataka, we provide the service of Encumbrance certificate extract and document verification. To opt for our service, please Whatsapp 9 7 4 2 4 7 9 0 2 0.Thank you for reading…

Why have you conceded control to your tenant? HE doesn’t own the property. YOU do. You have the power here. Why do you think he gets to decide if you sell?How did he take possession of your property without signing a lease or rental agreement? Locksmiths know better than to make keys without proof of ownership or tenancy. If your so-called tenant changed keys himself or had them changed without your authorization and giving you a copy, that alone is sufficient reason to evict. Do not give this person a key if you haven't already.Please do not let your tenant bully you! Without a lease or other legal document granting him a right to be there he must do all that you legally require of him in order to stay - if you decide to allow him to do so.(I wouldn't.)If you don’t use what power you have with right of ownership and state law, he will keep bullying you. The longer you let him stay, the more likely you’re going to give him some legal toehold and have more difficulty getting him out. He will never be a good or reasonable tenant, and I would be afraid of what he would do to the property when frustrated or what he might do next in his dealing with my property and me.No matter what, you don’t deserve this treatment. The tenant is far out of line, he has no power based on what you’ve told us, and his attempt to intimidate you is unacceptable.Please, initiate eviction in accordance with the process mandated by your state real estate law, which you can probably find online or in your local library or relevant state office. It should be easy to read, understand, and comply with. Your local small claims court will provide forms for filing a complaint, requesting a hearing in which you will ask for the eviction (and any money owed you). It’s easy. Inexperienced people do it all the time.But you may want to consult or, if you can, even engage an affordable attorney with experience in practice of real estate law, because it doesn’t sound as if you can deal with this so-called tenant. He must be THE tenant wannabe from hell. It will be stressful for you and may take a strong hand he can’t bully. The pseudo tenant is less likely to damage the property or bully you if he knows a lawyer won’t put up with his nonsense, but will come after him if he wrongs you further.In case you don’t have an attorney:You can’t force the so-called tenant to sign a lease if you let him move in without one. I am not a lawyer, but I don’t see any other choice but eviction if he won’t sign, and I wouldn’t keep him as a tenant even if he would sign.It’s your property. You obviously have the right to sell your property, and if there is no lease, the tenant has no right to stay there if you want him out. If he does have a lease, then the new owner would simply become his landlord after the sale at least until the lease expires. If you are selling to investors, it might be desirable to have a tenant.With no lease to limit showings to prospective buyers to certain time periods, you should be able to show the property with 24 hours notice at any reasonable time, for example during business hours on any day, including Saturday and Sunday. You don’t need the tenant’s approval. Your tenant, however, could ruin things by being a slob or staying there during the showing and being very unpleasant.Maybe a certified mail notice of eviction from you would be sufficient to get him out or maybe the subsequent summons he will receive from the court after you file for eviction will get him out, but don’t hold your breath. Keep all the evidence you have that he is living in your property against your will with no legal right to be there, especially a copy of notice of eviction and all documents and correspondence, records9 of phone and personal conversations and what was said and decided during them, texts, emails, photos, etc. If you have a witness to threatening, illegal, or relevant behavior that might help, too.Of course, you can’t evict him for time he has provably paid for (if he is paying anything) unless he has violated a lease or state law or done something egregious that state law will let you evict for. Drugs, crime, significant damage, and serous health hazards come to mind.Whatever you plan to do, start with an immediate certified letter demanding that he sign a lease, if that’s what you want or tell him you are selling the house and will have showings by which time he must be out. You must give him specific dates for compliance with each demand you make, as well as when you are listing the house (if you know; if not by separate letter as soon as you know). Tell him that your realtor will be showing it with a 24-hour notice to him. Tell him politely but firmly that you will evict him if he does not comply with all of your “requests.”Note; only the judge can actually give an order of eviction. Your letter of notice of eviction is simply a warning that you will start the legal eviction process if he does not comply within the number of days specified in your state law, probably 10 days after delivery of the notice to him.If he doesn’t comply, get the forms for requesting an order of eviction from you court house, pay the court, and submit them. The court will give you a date and time for the hearing after they process your request.Again, document every single interaction you have with this tenant, every document exchanged between you, every threat and unpleasantness, any violations of anything.Remember to check state law carefully if you do this yourself, rather than with the assistance of an attorney.Start action to prove that this person is there over your repeated objections and that you have been and are doing your best to make him leave, because after a certain period of time, the length depending on your state, he can take ownership of your property by adverse possession.I am so sorry this is happening to you. Good luck! I hope it proves easy.