At
the time of registration of the properties, various documents are required to
be produced at the Sub-Registrar's office. List of such documents may vary on
the basis of the nature of the property. In general, the following are the
classifications of documents, which are required to be produced at the time of
registration:
a)An
affidavit stating the transaction is not violative of the provisions of Section
22 A of Indian Registration Act.
b)Extract
of the assessment Register for the purpose of valuation of the property (Form
No19 if the property comes within Municipal area or Form No. 9 and 10 in case
of Panchayat area).
c)If
the property comes within the limits of Corporation Khatha Certificate, Katha
Extract and Latest Tax paid receipt.
d)Form
No.1 prescribed under Karnataka Stamp (prevention of under valuation) Rules
e)Permanent
Account No (PAN) issued by Income Tax Department or Declaration in Form No.60
or 61 if the value of the property to be registered exceeds Rs 5.00lakhs and
where payment is made completely or partially in cash.
Agricultural
land:
The
sale and purchase of agricultural land has many restrictions and as such many
documents conforming to the requisites are required for registration, which are
mentioned below:
a)Two
copies of affidavit stating that the transaction is not violative of Section 22
A of Indian Registration Act.
b)Two
copies of affidavit about owning agriculture lands.
c)If
the property is granted land or of occupancy rights NOC from Tahsildar
d)Declaration
under section 81 A of Land Reforms Act.
e)Form
no.1 prescribed in Karnataka Stamp (Prevention of under valuation)
f)Permanent
Account No (PAN) issued by income Tax Department
g)Declaration
in form 60 or 61 if the value of the property to be registered is more than Rs
5lakhs and where payment is completely or partially through cash.
h)'J'
Form
i)Purchaser's
pahani
j)Copy
of the RTC pertaining to the Property to be registered
Apartments:
The
following are the documents required to be produced before the Sub-Registrar,
at the time of registration of an apartment.
a)Katha
pertaining to the total land.
b)Tax
paid receipt for the total land.
c)Plan
sanctioned by the Competent Authority.
d)Floor
Plan.
e)Form
no.1 prescribed in Karnataka Stamp (Prevention of under valuation)
f)Two
copies of affidavit stating that the transaction is not violative of Section 22
A of Indian Registration Act.
Stamp Duty and Registration Charges:
Stamp
duty required to be paid for the property coming within the limits of
Corporation or a Municipality is 8.96% on the total sale consideration
mentioned in the Sale Deed or on the Market Value of the property, whichever is
higher. For the properties that falls beyond the limits of Corporation or CMC,
the Stamp Duty required to be payable is 9.04%.
Registration
charges payable for the registration of the properties, irrespective of its
nature is 1% on the sale consideration or the market value, whichever is higher.
Apart from the above, scanning charges has to be paid, which may generally be
between Rs.400 to Rs.800.
Scanning of Documents:
After
Telgi Scam, usage of Stamp Papers is prohibited in Karnataka. In alternative, 2
Rupees Document sheet is made available to the public issued by the Government
Department, who will have to take print out either in such Document sheets or
can also use white paper for the same. At the time of presenting such document
for registration before the Sub-Registrar, details about the Vendor/s,
Seller/s, stamp duty and registration charges required to be paid, will be
recorded in the computer, along with the photos of the Vendor/s, Seller/s and
Consenting Witness/s, if any. Further, name of the person identifying the
Vendor/s will also be recorded in the computer. Subsequently, print out of all
the details of the Vendor/s, Seller/s and Consenting Witness/s, if any recorded
in the computer, along with their signatures, will be taken on the back side of
the Sale Deed and after the Sub-Registrar signs on such sale deeds, details
about the document number, CD No and other relevant details will be stored in
the Sub-Registrar’s Office.
Registration of the documents opposed
to the public policy:
The
Government of Karnataka has declared that registration of certain documents is
opposed to the public policy, which is listed below:
a)
Agreement to sell, sale, gift, exchange, mortgage lease or assignment of which
occupancy rights have been granted under Chapter III of Karnataka Land Reforms
Act 1061, in contravention of restrictions imposed under Section 61 of the said
act and relevant rules.
b)
Any agreement to sell, sale, gift, exchange or otherwise of land in excess of
ceiling limits prescribed under Section 63 or 64 of Karnataka Land Reforms Act
and in contravention of Section 74 of the said act and relevant rule
c)Agreement
to sell, sale, lease, mortgage with possession or otherwise of any agricultural
land to a person, family, joint family with an assured annual income of Rs.40lakhs
or more from non agricultural source in contravention of section 74 of
Karnataka land Reforms Act and relevant rules.
d)
Agreement to sell, sale, lease, mortgage with possession or otherwise of any
agricultural land to educational, religious, charitable institutions, society,
trust, company, association other body of individuals, cooperative society
other than cooperative farming society in contravention of section 79B of
Karnataka land reforms Act subject to exceptions provided.
e)
Agreement to sell, sale, gift, lease, mortgage with possession or otherwise of
any agricultural land granted under Karnataka land grant rules subject to
restriction imposed on sale, transfer and specific use imposed there under.
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