The document discusses various important aspects of purchasing property in India, including: 1) Caveat emptor, or "let the buyer beware", is the golden principle when buying property and buyers must take all precautions before purchasing. 2) When buying property, buyers are often more concerned with price, location, and investment potential than investigating the seller's title and ownership of the property. 3) Tracing the title of a property for at least 30 years is important to verify that the seller has a clear and valid title that is free of encumbrances.

1. NAMASKARAM
NRIVA

2. harsh but fact
 Innocence is a sin
 Ignorance is an offence
 But - no law holds innocence or ignorance an offence
 Law casts duty on us to be prudent and diligent
 Law comes to the rescue of only diligent, but not dormant

3. my aim through this session -- to drive
 Purchase of property is not an exchange of money for a
registered sale
 Purchase of property is a process with investigation into seller’s
title and application of legal mind
 Buying a property that is free from encumbrances and frauds is
not an easy task in the present society

4. Caveator Emptor – golden principle
Let the purchaser beware
Buyer must be cautious and take all
precautions before purchasing property
purchaser is deemed to have notice of anything, which he
had failed to discover either because he did not inquire
into deeds relating to property and its possession

5. What we see while buying property but
fail to see
 We concern for price, affordability, locality, suitability,
appreciation, re-sale value, investment opportunity etc
 We very rarely get an idea to investigate into title and
ownership of property
 We have to know holding a registered sale deed or gift deed,
the seller does not become owner of a property – so investigate
the title and title of owner ship – don’t startle by hearing
investigation
 Don’t be driven by – a strong desire, a gut feeling, belief in
seller, belief in middlemen, a ready-made and self-satisfying
answer what happen to us alone when many people buying?

6. Title – marketable title
 “title – the means whereby the owner of lands has the just
possession of his property. It is a root by which the right to sell
and convey property becomes vested in seller”
 “marketable title – it shall be good and indubitable and free
from all encumbrances. It is a title free from all such reasonable
doubts as would affect the market value of property”
 Value for money
 A good title passes from a good title – a bad title passes from
a bad title – the seller cannot pass a better title than his own

7. ownership
 “collection of rights to use and enjoy property, including right to
transmit it to others. Ownership is the state of being owner i.e,
proprietorship”
 Ownership is exclusive right of
possession
enjoyment
disposal
Ownership is nothing but opinion/belief - and an absolute
ownership is an absolute opinion based on the strength of various
documents.

8. Acquisition of ownership
 By contract – by way of sale and purchase
 By inheritance – by way of succession or by way of will
 By prescription – by way of adverse possession

9. Tracing of title
 Period: 30 years minimum – it differs from case to case
 Object:
who was the owner 30 years ago?
how title to property descended on seller?
whether such descent is legally valid?
whether seller’s title is clear, valid, subsisting, marketable
and free from encumbrances?
whether seller is in peaceful possession and enjoyment of
property?
whether the documents substantiating seller’s title and
legally valid?

10. How to trace title to property?
 Obtain EC – chronological record of registered documents( but
what about unregistered documents?)
 Obtain true copies of seller’s title deeds from concerned
authorities
 Verify that all the true copies are taken from the originals
 Check if these documents are legally valid
 Read them carefully and make note of series of events linking
the owner of property thirty years ago
 If there is any break in the link, call for the link
 Check if the links legally valid

11. Title deeds
 All original documents and link documents of the scheduled property
 Municipal tax receipts/assessment record entries/mutation
 Municipal plan in respect of house/apartment
 Pattadar pass books and title deeds, adangal, pahani register extracts, FMB in
respect of agricultural lands
 Court /Arbitration orders
 Sale certificate/pattas issued by banks and government
 Death certificate of the deceased owner
 Legal heir certificate/succession certificates
 Will deed etc.,

12. verification
 Personal inspection
 Enquiry by third party – relative, friend or reliable agency
 Credential of seller
 Price/consideration – too low – then doubt
 Public notice through news paper advertisement indicating intent
to buy the property – calling for objections
 Missing original documents – procedure – FIR – possibility of
depositing the title deeds – notice to the public
 Rights of women members, protected tenants etc
 General power of attorney – precautions – SPA (attestation)

13. General Power of Attorney
 General Power ofAttorney
 Special Power ofAttorney
 Special Power ofAttorney to present the document executed
by Principal and admit execution before the Registering
Authority – Attestation – Procedure.
 Section 32A Form – photo form
 Frauds in GPA – checks and precautions –
cancellation/revocation – intimation to the Registrar

14. NRI - Challenges – Answers
RBI guidelines wrt purchase of immovable
property by other than citizens of India
 http://www.rbi.org.in/scripts/FAQView.aspx?Id=33
 Above web link will take us to FAQ Section of RBI on the
matters of Acquisition andTransfer of Immovable Property in
India by a person resident outside India
 RBI is the competent authority to issue instructions and present
instructions are updated on 2nd July 2012
 Purchase and sale of agricultural/residential/commercial
properties is the subject matter covered
 Also see http://registrationacts.in/nriservices.php for more
information on the subject

15. Do the Registrar register Charminar,
Assembly,Tajmahal etc?
 What RegistrationAct, 1908 (India) prescribes
 What are the expectations of registry public
 Mismatch
 Remedies so far – Section 32A; inclusion of Sale agreement,
lease etc as compulsory registrable under Sec 17 etc
 Bhoo Bharathi ;The Land titling bill –Torrens law – a small dose
 What we require – a full fledgedTorrens law –Whether possible
in India

16. Torrens law – principles
TheTorrens system works on three principles:
 1) Mirror principle – the register (Certificate ofTitle) reflects
(mirrors) accurately and completely the current facts about a
person's title.This means that, if a person sells an estate, the new
title has to be identical to the old one in terms of description of
lands, except for the owner's name.
 2. Curtain principle – one does not need to go behind the Certificate
ofTitle as it contains all the information about the title.This means
that ownership need not be proved by long complicated
documents that are kept by the owner, as in the Private
Conveyancing system. All of the necessary information regarding
ownership is on the Certificate ofTitle.
 3. Insurance principle – provides for compensation of loss if there
are errors made by the Registrar ofTitles

17. Torrens law – perfect title registration
 Its purpose was to establish a land registry. Each piece of land would have a
single Certificate ofTitle, kept at a government office.The state
government would guarantee the validity of the title, rather than the
solicitor/conveyancer who prepared the deeds of conveyance.
 The process of conveyancing has become so simple that the buyers and
sellers of property can do it themselves without a solicitor/conveyancer.
The Certificate ofTitle shows:
The present owners
Easements such as underground pipes that may require access for
storm water or sewage, and 'right of carriageway' for neighbours get
access to their property
Covenants such as building restrictions
Caveats such as a requirement for someone's approval before
transfer of ownership Mortgages

18. Registration Act – Certain important
provisions
 Time of presentation – documents executed outside India
 Persons competent to present the document
 Place of registration
 Erasures, interlineations etc – attestation
 Enquiry before registration – limited enquiry powers
 Anywhere registration within the district
 Anywhere registration within the State – proposal
 Frauds - punishments

19. Indian Stamp Act – important points
 Stamp duty before or at the time of execution of the instrument
 Stamp duty payment after 2002 – challan system
 E-stamping – future
 Validation – payment of stamp duty on the instruments –
impounding – without penalty within a year from date of
signing of the instrument – with penalty after one year
 Unregistered vs unstamped instruments

20. Taxation and other matters relating to
NRIs and non-citizens

21. www.registrationacts.in
 A comprehensive guide on the matters:
property purchase
document preparation
document registration
stamp duty
marriage registration
firms registration
societies (ngo) registration
nri/pio issues
accurate and updated answers for the queries

22. Your guide – lawman to layman
 http://registrationacts.in/propertypurchaseprecautions.php
 http://registrationacts.in/documentregistrationrequirements.p
hp
 http://registrationacts.in/documentpreparationprecautions.php
 http://registrationacts.in/saledeedpreparationandprecautions.p
hp
 http://registrationacts.in/hindumarriagereg.php

23. Important websites
 www.registration.ap.gov.in – registration department
 http://www.ghmc.gov.in/ - GHMC
 http://www.hmda.gov.in/ - HMDA
 http://www.hyderabad.ap.gov.in/index.aspx --HYDERABAD
COLLECTOR
 http://apland.ap.nic.in/cclaweb/revenue%20acts.htm --
REVENUE DEPARTMENT
 http://apstatepolice.org/APPW/jsp/homePage.do;jsessionid=0A
7BF3AF181262E8A650B2A2E1E0A323?method=getHomePage
Elements -- POLICE,AP

24. Land ceiling in Andhra Pradesh
Class of land
(1)
Wet - Double crop wet land
Extent of standard holding
(2)
Wet land other than double crop
wet land
(a) (b)
Hectares Hectares
Class-A 4.05 (10 acres) 6.07 (15 acres)
Class-B 4.86 (12 acres) 7.28 (18 acres)
Class-C 5.46 (13.5 acres) 8.09 (20 acres)
Class-D 6.07 (15 acres) 9.11 (22.5 acres)
Class-E 6.68 (16.5acres) 10.12 (25 acres)
Class-F 7.28 (18 acres) 10.93 (27 acres)
DRY DRY
Class-G - - 14.16 (36 acres)
Class-H - - 16.19 (40 acres)
Class-I - - 18.21 (45 acres)
Class-J - - 20.23 (50 acres)
Class-K - - 22.85 (54 acres)
VII. Computation of holding :
The extent of standard holding shall be determined as shown in the following statement (Sec.5)
TABLE

25. Double crop wet land Wet land
Class A …. 10 Acres 15 Acres
Class B …. 12 Acres 18 Acres
Class C …. 13.5 Acres 20 Acres
Class D …. 15 Acres 22.5 Acres
Class E …. 16.5 Acres 25 Acres
Class F …. 18 Acres 27 Acres
Dry
Class G …. 35 Acres
Class H …. 40 Acres
Class I …. 45 Acres
Class J …. 50 Acres
Class K …. 54 Acres
Standard Holding :- In the case of family unit consisting not more than (5) five
members, it ranges from 10 to 27 acres in respect of wet lands and from 35 to 54
acres in respect of dry lands, based on the classification of lands in the first
schedule as noted below : (Section 5)

26. Andhra Pradesh map

27. HMDA map

28. V. Srinivasulu, DIG, Registration Dept,
Govt of AP, presently ED, APGIC
 http://in.linkedin.com/pub/srinivasulu-vemula/29/472/b49