2. Successful Land Owner.
.
1. Achieving. (Purchase)
2. Maintaining.
3. Disposing. ( Selling)
If you have to be aware of certain facts, procedures and rules.
3. Piece of land….peace of mind
Let the Buyer Beware.
Ignorantia juris non excusat.
1. Right Purchase
2. Right Maintenance.
3. Right Selling.
4. 1. RIGHT PURCHASE OF LAND
.
1. Pre Buying Activities.
2. Buying Process.
3. Post Buying Activities.
5. 1. PURCHASE OF LAND
1. Pre buying activities.
Enquiry
1. Land Records.
2. Land.
3. Seller.
6. 1. PURCHASE OF LAND
1. Pre buying activities.
1.1.1 Land Records
1. Ownership records.
2. Land Revenue
Records.BTR/Thandapper/FMB
3. Certificates.
4. Tax receipts.
5. Maps and Sketches
7.
8.
9.
10. Piece of Land…Peace of mind.
For the safe maintenance of the land you have to ensure 4 basic
factors…………………
1. You should have undisputed Possession of the LAND.
2. You Should have a VALID DOCUMENT of ownership.
3. There should be Well defined boundaries .
4. Land should not fall under any prohibitory category.
Also the trees should not trespass the boundary.
Also ensure that your parents who gifted the land are happy
about you……(They have the power to cancel the gift deed)
11. Prohibited category.
1. Residential/commercial plot appeared in the Data bank
2. Residential/commercial plot appeared in the BTR as Nilam
3. Pattayam – Time limit for disposal is yet to be over.
4. Adivasi/ ST land –transaction not permitted by District Collector
5. Land Attached by court or a competent authority.
6. Land classified as Puramboke.
7. Micha Bhoomi./plantation exempted.
8. Land acquired for Govt purpose.
9. Ecologically Fragile Land EFL.
10. Land in a different ZONE.
11. Penal provisions initiated under various Acts.
12. Plotted property- layout not approved by District town planner.
12. Know the land
records.(Survey Number)
1. A Village is divided into blocks having area of
40 to 50 hectares and block number is assigned to
them for conducting resurvey . This number is
Resurvey block number of land
2. Each block is again divided into survey fields
having area 3 to 4 hectares .The number
assigned to the survey field is the Survey number
of the land
13. Know the land records.(Survey –
Sub division Number)
3. As each survey field consists of land of
many person it is again sub divided
into small sub divisions according to
the area possessed by each land owner.
Thus many land owners have same
Block/survey number. But subdivision
number is unique.
14. Know the land records.
(Survey –Sub division sketch)
4. All the sub divisions are reflected in the revenue records
and sketch of each land owner is available in the
FMB(Field Measurement Book) .
If the mutation is done after the existence of resurvey
records, the sub division sketch may not be available.
5. In such cases you have to apply in FORM 8 to the Tahsildar
(LR) and there may be a 2 months delay. You can
purchase a copy of the survey map of your land from the
village office. If the sy No in a document is recorded as
B27 sy 324/7-2 it means Block number is 27 survey
number is 324 sub division number is 7-2. The sketch of
sub division 7 will be available ,but to gewt the sketch of
subdivision 7-2 you have to apply in Form 8
15. Know the land records.
(show my boundary )
6. If the sketch of your land is updated
as stated earlier, you can apply for
pointing out the land boundary in
form 10 to the Tahsildar (lR) when
you fear that your land is
encroached.
16. Know the land records.
(encroachment )
7. Remember the revenue officers are not
empowered to seize the land from the
encroacher and give it to you. A civil court
has to decide the matter.
But if the land encroached is a puramboke
land a Tahsildar can arrest the encroacher and
send to Jail.
8. You have to ensure that the survey stone
planted in your boundary are kept intact.
Removal, destruction or loss of the survey
mark can be a criminal offence.
17. Know the land records.
(measurement by pvt surveyor.)
When a private surveyor measure your land
you can demand 3 things.
1. The sketch of the land.
2. The sketch of the land imposed in the FMB.
3. Soft copy of the sketch ( to be kept in the
digi-locker)
18. KNOW THE LAND RECORDS
REVENUE
Survey Number…..B.24 Sy 234/7-2….Number of the land
Thandaper Number---- B.24, 5764 .Number of the land
owner.
REGISTRATION
DOCUMENT Number…….1923/2018- SRO ktm
LSG-Panchayath
House number… XI/432
19. Know the land records.
(FAIR VALUE.)
Government have fixed the fair value of the land and
it is available in the web site of Registration
Department. Know the fair value of the land as it is
an important factor for the transaction.
If the fair value is to be corrected you can file
appeal before the District Collector.
If new value is to be fixed request has to be given to
the RDO.
20. LAND RECORDS
BTR
THANDAPER REGISTER.
Field Measurement Book( FMB)
Your land details should be reflected in the above 3 registers.
Pokkuvaravu will make change in BTR and Thandaper Register.
For making changes in the FMB application for subdivision should
be given to Tahsildar(LR) in Form No 8 after ensuring Well defined
boundaries for your Property…..
25. KNOW TO MEASURE YOUR
LAND
One Are(100 sq.M)= 2.47 Cents One cent= 0.405 Are
One Hectare = 2.47 Acres =40.5 sqm
=435.6 sq ft.
One Are = 1076 sq ft
One cent = 435.6 sq ft
26. KNOW TO MEASURE YOUR
LAND
Measure the length/breadth of the land by stepping.
For a rectangular plot length wise 2 measurements 19 &21
breadth wise 2 measurements 14&16
Take the average of lengthwise measuremnts19+21 =20
2
Take the average of lengthwise measuremnts14+16 =15
2
Multiply the averages ie lengthX breadth=20X15=300sq mts
=3 Ares
=3X2.47cents
=7.41 cents
27.
28. 12 point Check list for the Purchaser.
1. Whether the seller has possession.
2. DOCUMENT.
3. Well defined Boundaries.
4. Free from Disputes….
5. Support of Revenue records
6. Liability …..? Regular Tax payer..?
7. Prohibited category…?
8. Disaster prone area..?
9. Suitability for the purpose….?
10. Value for money…?
11. Accessibility.
12. Your neighbors …..
29. ..
Clarity is the key.
1. Ensure that the survey number/area and Boundaries are correct.
2. You can also include sketch of your land in the document ,,,,
3. Ensure proper documentation of land records.
4. Ensure regular remittance of tax.
30. Precautions…..
1. SRO will not caught you…But the VO …
2. Legal heirship certificate should be obtained
in Pinthudarchavakasa cases.
3. Brokerage ..?
4. Arrears cleared..?
5. Power of attorney..Adjudicated.
6. Ensure air, sunlight and water.
7. Boundary with road,cana,river,( 3meter
distance for building )rail(Noc from railway
within 30 mts) should be aware of minimum
distance for construction.
8. Waste disposal…
31. Precautions…...
9. Be aware of change in boundaries in the document
and the site.
10. Ensure that the tile holder is the seller and he
has not sold the land previously.
11. You cannot pledge the property if there is no
accessibility.
12. Future increase in market value should be taken
into account..
13. AS per the order FEMA 21/2000-RB dated
03/05/2000 NRIs cannot acquire agricultural land
in INDIA-But the can do this after return.
14. While purchasing a business man”s property
ensure NO dues clearance from sale tax
authorities…….
32. Precautions..
14. NRIs may give the purchase money from
their NRI account . They can avail the m
selling price after remitting tax
(repariation ) Twice in the case of
houses and unlimited in the case
ofmcommercial properties.
33. Important points
1. Ask the seller to show the original….reply
must be satisfactory.
2. Bargaining Face to Face.
3. Instead of Token advance give sufficient
amount as security..Land, Document or
both…..
4. Paper advt may be given in some cases.
5. In agreement violated cases appear before
registrar in the due date and be a witness in
some other documents.
6. Broker fee only after transaction.
7. Land should be measured and sketch should
be included in the document.
34. CAPITAL GAIN.
1. If you purchase the property for Rs 5 lakhs
and sold it for Rs 25 Lakhs ..tax should be
given for the profit 20 lakhs.
2. There is special criteria and table with
income tax dept to fix the rate.
3. You can get exemption if you purchase
another property within 2 years ao construct
a house within 3 years utilising the profit.
4. Exemption and 6% interest will get if you
deposit the profit in capital gain Bonds such
as NH authority of India , Rural
electrification corporation of India etc.
35. Check list
1. Ask the seller to show the original….reply
must be satisfactory.
2. Bargain- Face to Face.
3. Instead of Token advance give sufficient
amount as advance and receive Land,
Document or both as security…..
4. Paper advt. may be given in some cases.
5. If agreement is violated , appear before
registrar in the due date. Inform and be a
witness in some other documents executed
there that day .
6. Broker fee only after transaction.
36. Check list
1. Be aware of Hidden charges….
2. Be aware of super area and carpet area.
3. Ensure that builder has remitted taxes.
4. Ensure that the house is free from
encumbrances.
37. Easement Right.
1. For and against rights should be checked.
2. Positive easement rights and usage of private
roads should be mentioned in the document.
3. Senior citizen who excuted the dhana nischaya
addharam after 2009 oct 30 should be made as a
party ,.
4. Adayavasikal should me mde as a party.
38. Permission to register document
1. Minor- Court should appoint Guardian.
2. Mental disability…..Court permission.
3. Physically challenged
Cerebral palsy/otism…Dist. Level committee
1. Scheduled tribe transaction after 1960…..
Collector.
2. EF Area transaction after 2000 june 2-govt land.
3. LA …Before 4(1) notification.
4. Heritage zone ….Restrictions kala paitruka commission
5. CRZ- distance limit should be observed
39. Agreement
1. It is not a deed.
2. There is no transaction.
3. Seller details-Buyer details- Land details- price-time
limit-date of registration should be mentioned.
4. Agreement must be registered.
5. For a trasanction to the third party first agreement
shouldbe cancelled.
6. Rs 200 stampaper and 2% of the advance amount as
registration fee.
40. What seller should know…
1. Cash transaction should be made through BANK.
2. If the amount is received as CASH , Full amount is
taxable.
3. If the amount received as cash is is greater than Rs Two
Lakhs, FINE amount equal to the cash received has to
pay.
4. PAN card for transaction above Rs 5 Lakhs.
5. Transaction above 30 lakhs to be reported to income
tax authorities by the registrar.
41. POKKUVARAVU
No application necessary.
You have the right to effect in the absence of
document.
If the resurvey area exceeds document area you have
the right to get the tax remitted.
You can remit Basic Tax online.
After pokkuvarav ROR and possession certificate should
be obtained and keep it with your document.
After Pokkuvarvu ,make correction in
panchayath/KSEB/Water authority records.
42. FMB
Apply for subdivison
in Form 8 and form 10 is
For pointing out the
Boundary of your Land..
Obtain a copy of FMB or
sub division sketch and keep
It with your document.
43. FMB
When pattayam is received
obtain a copy of pattaya mahazar
And sketch and keep it with
your document .
44. FMB
After land acquisition
a copy of the award and sketch
Should be obtained and keep it with your
45. Pattayam-time limit for disposal
. 1. Land Tribunal- Any time.
2. Michabhoomi(KLR) 20 years.
3. LA ACT(Possessed Land) Any time.
4. LA Act 25 years.
5. Vanavakasa niyamam Any time.
6. OLH scheme 25 years.
While purchasing the pattaya land ensure that the time
limit is expired . (items 2,4,6).
46. Indian Succession Act !925
After the death of husband , wife is eligible for 1/3rd of
the assets and remaining 2/3rd will be divided equally
among sons/daughters.
If no sons and daughters wife is eligible for ½ of the
shares and the remaining ½ is divided equally among
parents/brothers/sisters.
47. GIFT DEED or WILL…?
Decide whether your sons/daughters possess and enjoy your
property when you are alive or not. Execute a gift deed or write a
will .
If you wish to write a will
Need not be registered.
Registered will is more safe.
Sound mind / suo moto
Can alter by the testator.
Valid only after death of the testator.
Validity is only for the FINAL WILL.
Two witnesses
