Land Literacy Programme.
My Land …. My Asset. A Jamesadhikaram Presentation. 9447464502
Successful Land Owner. . 1. Achieving. (Purchase) 2. Maintaining. 3. Disposing. ( Selling)
Prevention is better than CURE. .
10 items that you should maintain in Your Land Record Folder. 1.
Document.\
2.
Supporting Documents.
3.
Tax Receipts.
4.
Permits and lisceces.
5.
Possession certificates.
6.
Encumbrance Certificates.
7.
Site Plan.
8.
Sketch.
9.
Sub division Sketch
10.Orders
on Land….VO/Tahsildar/RDO/DC/Government.
Also keep them in Digi Locker.
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
Piece of Land…Peace of For the safe maintenance of the land you have to ensure 4 basic mind. 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)
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.
13.
.Pattaya land utilised for a different purpose.
14.
Cancelled documents.
15.
Wrong survey number.
16.
Minor property and prohibited owners.
17.
Involvement of puramboke.
Piece of land….peace of mind Ignorantia juris non excusat. 1. Right Purchase- Let the Buyer
Beware.
2. Right Maintenance. 3. Right Selling.
If you have to be aware of certain facts, procedures and rules. .
1. RIGHT PURCHASE OF LAND .
1. Pre Buying Activities. 2. Buying Process. 3. Post Buying Activities.
1. PURCHASE OF LAND 1. Pre buying activities. Check the
1. 2. 3. 4.
Land Records. Land. Neighborhood. Seller.
1. PURCHASE OF LAND 2. Buying process.
1. 2. 3. 4. 5. 6. 7. 8.
Collecting the records. Entrusting the document writer. Survey and preparation of sketch. Advance payment. Payment of expenses. Stamp Value-Regn fee-Writers fee. Registration. Obtaining document. Broker fee only after transaction.
Measurement of land by a Private 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)
1. PURCHASE OF LAND 3. Post buying activities.
1.
Mutation of Land and payment of first land tax.
2.
Possession certificate.
3.
Changing the name of land owner in other institutions.
4.
Appln for sub division in form 10.
2. Maintenance Of Land.
1.
Strengthening Boundaries.
2.
Subdivision of land.
3.
Regular remittance of TAX.
4.
Preventing loss of survey stones.
5.
Timely action against threats.
3. Selling of Land.
1.
Ensure that your Land Record Folder is perfect.
2.
Advance agreement.
3.
Transaction only through Bank Channel.
4.
Beware of Capital Gain Tax.
True or False….? 1. A Village officer has right to measure the land and prepare sketch for my private USE
True or False….? In my document land is categorised as purayidom…… Village officer has the right to change the catagory in the village records accordingly.
True or False….? A revenue officer is not liable to point out my boundary if an application is submitted in form 10.
True or False….? I have the right to get an acknowledgement receipt from a government office whenever an application is filed.
True or False….? 1. It is the duty of the village officer to solve my boundary dispute
True or False….? A will deed made by my father can be revoked ay time before his death.
True or False….? I have the right to buy land from any land owner in Kerala.
True or False….? A revenue officer has the right to enter my property even without my permission.
True or False….? I have the right to inspect any record in a government office free of cost.
True or False….? Government have the right to acquire my land for a public purpose under Land Acquisition Act whether I am willing or not.
True or False….? A will deed need not be registered.
True or False….? Survey authorities have the power to declare any private pathway as puramboke.
True or False….? Pattaya sketch and mahazar are the 2 essential records I have to keep with pattayam for safety..
True or False….? I have the right to get registered the sketch of my land along with document.
True or False….? A gift deed made by father in favour of his son can be cancelled.
True or False….? As per document I have 80 cents of land. But the area of the land in my posession within the boundary is 60 cents. As per survey records it is 60 cents. I have the right to get land tax receipt for 80 cents.
True or False….? A has the power to arrest the encroacher of a Puramboke land.
True or False….? It is my right to receive original copy of the previous document of my land from the seller in all occassions.
True or False….? My father has right to gift his property to a third person without considering me .
True or False….? Land tax can be paid only after expiry of 30 days from the registration of a document.
True or False….? If a pattayam is lost you have the right to get copy of the pattyam from the issuing office..
True or False….? If the resurvey area exceeds document area, you have the right for the payment of excess land.
True or False….? I have no right to use any pattaya land according to my choice.
True or False….? In christian family, wife of the deceased is eligible for 1/3rd right of his undecided property. .
True or False….? Mistake in sy number in the document is not a seriuos error for the remittance of land tax
True or False….? All liabilities of the land and documents registered will appear in the encumbrance certificate.
True or False….? If a land owner is absconding for a period of 5 years pokkuvaravu can be done in favour of his legal heirs.
True or False….? A partition deed made by including all the legal heirs of the deceased is valid in all occasion.
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
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.
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…..
Thandaper
.
Basic tax
.
KNOW TO MEASURE YOUR LAND
One Are(100 sq.M)= 2.47 Cents
One Hectare =
2.47 Acres
One cent= 0.405 Are =40.5 sqm =435.6 sq
ft.
One Are
= 1076 sq ft
One cent
= 435.6 sq ft
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 …..
..
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.
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…
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…….
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.
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.
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.
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.
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.
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.
Permission to register document 1.
Minor- Court should appoint Guardian.
2.
Mental disability…..Court permission.
3.
Physically challenged Cerebral palsy/otism…Dist. Level committee
4.
Scheduled tribe transaction after 1960….. Collector.
5.
EF Area transaction after 2000 june 2-govt land.
6.
LA …Before 4(1) notification.
7.
Heritage zone ….Restrictions kala paitruka commission
8.
CRZ- distance limit should be observed
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.
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.
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.
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.
FMB
When pattayam is received
obtain a copy of pattaya mahazar And sketch and keep it with your document .
FMB
After land acquisition
a copy of the award and sketch Should be obtained and keep it with your
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).
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.
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
Thank You!!
.
T. JAMES JOSEPH MOB -9447464502 WEB- www.slideshare.net.in/mysandesham. Face Book -Kerala Laws on Land