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VERIFICATION OF TITLE OF LAND

VERIFICATION OF TITLE OF LAND

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Schedule points for verifying title to land
Schedule points for verifying title to land

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11/20/2014

Draft for Discussion LEGAL DOCUMENTATIONS

Legal Verification with Questionnaires to vendors
1) POSSESSION NU INVESTIGATIONS REPORT What is the total area of A
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? Are there any bhag chase (@J]*Áxò Áx¥¦*l@*ì| *l )in the property?

C

D

Who are the person or persons actually cultivating the lands and the nature of products? Whether any person other than the owner cultivating the same not being a member of owner’s / vendor’s family. Please produce paid up Kandayam receipts for the last 12 years, showing that no taxes are in arrears. Is the property vacant or in the occupation or habitation of any body? Under what rights any habitations were found? Are any requisitions of the panchayaths subsisting in respect of the property including notice. Unauthorized constructions, demolition encroachment, etc.?

E

F

G

H

I

2) NATURE OF LAND AND DESCRIPTION NU INVESTIGATIONS A Survey number REPORT

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 land Reforms Act. 1961

I

3) CLARIFICATIONS UNDER LAND REFORMS LAWS NU INVESTIGATIONS REPORT Whether the vendor has A
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? 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. 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 of Tribunals 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.

C

D

Whe E

Whether the land is granted under section 77A of the Karnataka land Reforms 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 vendor’s family? Did the same ever exceed 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. Was the land got through the procedure laid down in section 77 & 78 of Karnataka land reforms Act 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.

G

H I

4) OTHER PROPERTY DETAILS OF VENDORS. NU INVESTIGATIONS REPORT Are there any other lands in A
possession and ownership of vendors? Please specify the details of survey numbers, extent, area of location nature of land.

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.

C
Whether 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 NU INVESTIGATIONS REPORT Are the lands subject to any A
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. Name of the Gram Panchayath and taxes if any payable? Is there any Rent / Public Charges / Road Cess / Education Cess/ Irrigaiton cess/Electricity consumption charges / etc., regarding the lands? Please produce

C

D

receipts of showing payments upto date.

the

E

Are any impositions or outgoings other than the revenue Kandayam’s payable out of or in respect of the said property? If so please specify details with upto date documents. 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 ?

F

G H I

6) LISPENDENSEY DETAILS NU INVESTIGATIONS REPORT Was the land ever subjected A
to any proceeding under Karnataka land revenue Act / Indian easements Act / Land acquisition Act/ Karnataka land Reforms 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

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. Whether any execution proceeding pending against the vendor? 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.

D

E

F G H I

7) TITLE TRACING NU INVESTIGATIONS REPORT Was the land got through A
the procedure laid down in section 77 & 78 of Karnataka land reforms Act 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.

B

In case of transfer of land by a member of SC & ST whether permission of the Revenue officer obtained? 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.? Whether the land in question is previously Gomal land ? Wakf property/ phut kharab, having public rights. Is the property subject to any prescriptive rights of any body? 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 any proceeding 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. Whether there is any WILL executed or WILL registered by anscestors of vendors. Whether the property inherited through the WILL? Whether registered or unregistered? Whether letter of probate obtained? Whether as a Hindu probate and Succession certificate obtaining exemption

C

D

E

F

G

H

claimed.

I

Whether the inheritance of land through WILL /GIFT is subjected to any conditions / onerous / obligations /charges. Whether the inherited property is held as stridhana property?

J

8) DOCUMENTS NU INVESTIGATIONS REPORT Produce mutation certificate A
along with details documents quoted in it. of

B

Please produce paid up Kandayam receipts for the last 12 years, showing that no taxes are in arrears. What title deeds and documents will be handed over to the purchaser on completion of sale? Whether official death certificates about death of persons concerned with the property produced?

C

D

E F G H I

9) OTHER IMPORTANT DISCLOSURES NU INVESTIGATIONS REPORT Names of the co-shares of A
the property who cannot be prima-facie seen in documents but exclusively with in the knowledge of vendors.

B

Is there any defect in the title which it is not possible for the purchaser to discover or ascertain by searches and enquires but which is or may be within the vendor’s 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. If vendor is selling all his property without having any other property in his name expose it. Whether any member of the family was given / taken in adoption? 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.

D

E

F

G H I

10) ACQUISITIONS NU INVESTIGATIONS REPORT Is the property affected by A
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 under special 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 & Award notices.

B

Whether the land has any heavy electricity transmission cable or poles over it provide necessary details of it.
Whether the land has any under ground water pipe line/ Electric Transmission cable/ Telegraph cable/ Gas pipeline / or private water pipe line under permission. If so specify with details.

C

D E F

G H I

11) NOTICES NU INVESTIGATIONS REPORT Are any requisitions of the A
panchayaths subsisting in respect of the property including notice. Unauthorized constructions, demolition encroachment, etc.?

B C D E F G H I

12) MAINTENANCE NU INVESTIGATIONS REPORT Whether any advertisement A
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?

C

Whether any suit for maintenance touching or concerning the property. Any property occupied separately in view of maintenance. Are there any public rights, easements or any restrictive covenant affecting the property? If so specify details with consequences.

D

E F G H I

13) PUBLIC RIGHTS NU INVESTIGATIONS REPORT Are there any public rights, A
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

I

14) BOUNDARIES NU INVESTIGATIONS REPORT Whether there is any A
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. NU INVESTIGATIONS REPORT Is there any arrears of A
royalties / Water rates/ cesses / charges / fees / apremia penalties / fines payable to state government for use or occupation of land 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.

B

Investigation under Income Tax 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 any acquisition 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, excharge or any other mode of transfer whatsoever) of the immovable property.

C D E F G H I 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 of the 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 1 Description of documents Nature of document Whether original verified or otherwise Comment

2 3 4 5 6 7 8 9

Summary note on each document Sl Document Note n u 1 2 3 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 : Date :

Advocate signature with Seal 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

Place : Date :

Advocate signature with Seal Name: Enrollment Number: Office address: Telephone number:

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