Land Purchase Tips from James Adhikaram MD REALUTIONZ - The No.1 Land Consultants in South India 94

Land Literacy Programme.

My Land ….

My Asset.

A Jamesadhikaram Presentation.

9447464502

Successful Land Owner. .

1. Achieving. (Purchase) 2. Maintaining.

3. Disposing. ( Selling)

If you have to be aware of certain facts, procedures and rules. .

Piece of land….peace of mind Let the Buyer Beware.

Ignorantia juris non excusat.

1. Right Purchase 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.

Enquiry

Land Records.

2. Land.

3. Seller.

1.

1. PURCHASE OF LAND 1. Pre buying activities.

1.1.1 Land Records

1.

2.

3.

4.

5.

Ownership records.

Land Revenue Records.BTR/Thandapper/FMB Certificates.

Tax receipts.

Maps and Sketches

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.

12.

Penal provisions initiated under various Acts.

Plotted property- layout not approved by District town planner.

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

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.

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

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.

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.

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)

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

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

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

Jamesadhikaram your Land Consultant.

1.

2.

.

Website.

jamesadhikaram.com

Facebook . https://www.facebook.com/jamesjoseph2011

3.

https://www.facebook.com/100063774667298

4.

https://www.facebook.com/keralalawsonland/

5.

https://www.facebook.com/jamesadhikaramsurvey/

6.

https://www.facebook.com/jamesadhikarams/

7.

https://www.facebook.com/Kerala-Registration-of-Land-10726 9217761754/

8.

https://www.facebook.com/Michabhoomi-100979434805415/

9.

https://www.facebook.com/adhikaramhr/

10.

https://www.facebook.com/Kerala-Land-Conservancy-5863455 48669008/

. . 

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Thank You!! 

.

T. JAMES JOSEPH MOB -9447464502 kottayam WEB- www.slideshare.net.in/mysandesham.

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