While there seems to be no law against Laminating property documents for its acceptance, there seems to be case for not laminating as if the said property gets into a legal tangle it becomes difficult for the Experts to verify the Signatures and Thumb impressions, though it can not be safe.
However since it is our property, better play it safe and do not laminate the documents.
If the Document is becoming aged, apply for a New one and get it.
“That’s good.However there is no bar of law for lamination.There must not be any tempering in the document…
Normally the parties takes allegation of forgery of signatures and when the other party disputes the allegations, the court will send the original documents for expert opinion i.e. finger print expert and forensic science laboratory. Then it will be difficult for the expert to come to the conclusion that whether the signature is genuine or forged. Normally the experts will conduct chemical test on the papers and ink they used, where they cannot get good results. Then the case may become weak. In my opinion it is better not to laminate the paper, instead you can paste a cloth with gum back of the document.”
What the Property Owner/Seller Must Do? Here is a checklist of what a seller or property owner must do if he or she misplaced the original property documents.
File a Police First Information Report (FIR): First thing any property owner must do is to file a police first information report about the lost documents. In case the owner is selling a property without its original documents, the potential buyer must get a copy of the police FIR to avoid any hassles.
Place an advertisement: Once a FIR is filed, the owner needs to place an advertisement in a local language newspaper as well as an English daily newspaper clearly stating the loss of the original documents. In case of a buyer, he or she is also advised to advertise a notice announcing any stakeholders of the property in question to contact within a stipulated time period.
Apply for a duplicate share certificate: In case of a residential property, the owner will need to get a duplicate share certificate from the respective housing society. Housing societies charge a nominal fee in genuine cases for issues a duplicate share certificate. A no objection certificate (NoC) from the housing society is also important in case the owner plans to sell the property in the near future.
Sign an Undertaking: The property owner will then need to sign an undertaking on a stamp paper clearly stating that he has lost or misplaced the original documents related to the property mentioned in the undertaking. The copy of police FIR, newspaper advertisements must be attached to the undertaking. The undertaking needs to be attested and registered with a notary to have any legal value.
Apply for Duplicate Sale Deed: After completing all the above mentioned procedures, the property owner can approach the registrar for issuing a duplicate copy of the sale deed. The owner will need to submit all of the above mentioned documents and pay a nominal fee depending on the state concerned to get a duplicate copy issued.
Hire a Legal Consultant: There are many complications when it comes to losing the original property documents. Even after following all of the above procedures, it may be difficult to obtain any loans on the property. Most banks are quite skeptical in approving loans to any property with legalities attached. In case of any difficulty in any step, it is recommended to hire the services of a professional legal consultant.”
Khatha Extract is entering detail of the Property from the assessment register.
The extract is required to get a trade license, or to buy a particular property.
It has the details of the property like the name, size of the property, use of the property (commercial purpose, residential), annual value, when assessed last.
Who Should Obtain Khatha:
All property owners/holders who hold property within the BBMP jurisdiction are eligible to obtain a Khatha.
This can be obtained from a Notary for a fee of rs 100 to 300.
2.Fill up the Khatha Form. Link provided to wards the end of this Post.
3.The Application Fee is Rs.10.
4.Get the acknowledgement, it is in the Form of Registration
.5.Documents to be submitted with the Khatha Application.
i. Title deed (Re-conveyed documents from BDA in case of BDA re-conveyed areas)
ii. Tax paid receipts and Khatha details
iii. Sketch of your property showing its boundaries and location of site
iv. Improvement Charges
v. National Saving Certificates for Rs.200/-
vi. Encumbrance certificate for vacant sites
vii. Flow chart of titleDocuments required for property of land type- BDA / KHB Layout
i. Title deed or Possession certificate
ii. National Saving Certificates for Rs.200/-
iii. Encumbrance certificate for vacant sites
iv. Flow chart of title.
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Issues of demand note: Generally it takes 15 days to process your application. You have to keep enquiring till the Demand Note is issued in your favour. The amount of Registration Fees to be paid is indicated in the demand note.
Seek Information: After 2 months if there is still no activity then file an RTI to seek information on the status of the Khata Registration.
Assessment of Property by Officials: The BBMP Revenue in-charge and Assistant Revenue Officer will personally visit the property to assess it. Please note that if the property is assessed as commercial and reads as ‘Rented Out’, the Property Tax is twice the normal property tax amount payable.
Khata Registration fee: After the property is assessed, the BBMP formally communicates this to you while mentioning the property dimensions (in sq. feet), its value as per BBMP assessment and the tax liability thereon.
One is also provided with a notice mentioning the same and informing you to pay the Khata Registration fee – 2% of the property value as Khata Registration fee (this is 2% of the value mentioned in the Sale deed).
Once you pay the Khata Registration fee, in about 1-2 weeks, you will receive the notice for paying the pending property tax.
Without this the Khata Extract will not be issued in your name. But if you have reached this point it means the Khata has been technically registered on your name.
Doubts may be addressed to the Department Head in The Tamil Nadu Government Portal.
Patta transfer
Patta transfer, a major transaction for purchasers has now been made easy after computerisation and certain administrative reforms that have been introduced in this office.
It may be recalled that Chief Minister Jayalalithaa announced in the Assembly on June 6, 2011 that the procedure for patta transfer will be streamlined to avoid delay and frequent visits by the petitioners to the taluk offices. Detailed instructions were issued thereafter via G.O. 210 dated July 8, 2011, to eliminate difficulties faced by public. Accordingly, Village Administrative Officers were empowered to receive patta transfer applications and issue a receipt of acceptance.
In cases which do not involve sub-divisions, applicants are advised to approach the taluk office on second Fridays with the original documents for verification. For cases involving sub-divisions the petitioner will have to receive the order of patta transfer on the fourth Friday from the date of submission of application. The applicant has to pay the sub division fee on the day of receipt of the order from the Tahsildar. This work would be completed within 30 days.
Supervising
The zonal deputy tahsildar and revenue inspector would visit villages every Monday and Tuesday to monitor the receipt of applications. The Commissioner of Land Administration shall review the progress every fortnight. Every Friday is being observed as Patta Day in taluk office. The VAOs and field surveyors visit taluk office on every Friday to compete the process. The uncertainty surrounding the process has been eliminated as clear time limits have been fixed for officials to issue orders.
Regarding patta transfer applications, the applications seeking transfer of patta in Ambathur Taluk Office are being received both at Village level by the Village Administrative Officers concerned and at Taluk Office. All such applications are properly entered in the newly introduced software by which the Revenue Patta Transfer (RPT) Numbers are assigned for all the claim petitions. Thereafter, the sub-division involved cases are segregated and sent to Survey Section.
Parallel register
The Land Records Draftsman (LRD) will maintain a parallel register for sub-division cases and will distribute to the Field Surveyors concerned for inspection and report. In respect of Sub-Division cases, the 8-A numbers (as per proviso 8 of Survey and Boundaries Act, 1923) will be generated automatically for each case in the new software. The public can now have access through the new system and find out the status of his application from his doorstep, since the movement of RPT papers are being monitored online.
Due to introduction of the new system, transparency in administration and redressal of public grievance without any pain has been achieved. This not only keeps the public in comfort, but also drastically reduces corruption.
Deserve appreciation
V. Rajagopal, a resident of Anna Nagar Western Extension, said: “Taluk administration in Ambathur Taluk and the Tiruvallur District Administration deserves appreciation for having introduced a transparent, efficient and most responsible administration at taluk level to achieve the goal of excellent governance. It would be highly appreciable, if this system is implemented throughout the State, which will be the answer to the public grievances with Revenue Department.”
This is an extract issued from the Register of Land holdings maintained, usually at the Office of the Tahsildar concerned. This is issued in the name of the person or persons in whose name the records relating to the holdings are maintained or may be available The issuance of patta signifies the lawful possession.
Who issues the patta?
Usually, the Tahsildar issues the Patta. Other officers are also empowered to do so depending on the facts and circumstances of each case.
What is the procedure for obtaining patta?
Normally, an application has to be made to the Tahsildar in the form of a simple requisition to issue the patta, providing necessary details and documents. It is issued in the name of owner or in the case of joint holdings, in the names of the joint owners. If required, the officer concerned may require the applicant to furnish details in a particular format and may also hold enquiry before granting the patta. A survey may also be made if so deemed fit.
Does every patta has a plan or sketch?
In cases of patta which are “Extracts from Permanent Land Register” and “Extracts from Town Survey Land Register”, a topo plan is issued and is part of the patta. In the case agricultural holdings, the topo Plan is not usually issued.
Is it mandatory to have a patta for every property?
In case of properties which have buildings or structures, physical occupation and possession may be demonstrable. In case of vacant lands, this may not be possible. In such instances, patta is the main document for establishing lawful possession. Even in case of properties with buildings and structures, patta is the primary document to establish lawful possession. It also has other uses, especially when one is dealing with one’s property, as it contains many other vital details including the extent of holdings and in many cases, the measurements.
Is patta required for establishing ownership of apartments?
Patta is a document relating to land and not buildings, although the patta may include particulars relating to the buildings. In respect of apartments the land is usually owned by the co-owners in undivided shares and Patta is not issued for undivided shares of land. However, it may be possible to get the patta in the names of all the co-owners jointly. Patta issued in the names of joint owners does not specify the shares of the individual owners and in such cases of joint patta, there is scope for confusion. Also, depending on the nature of holding, Urban Land Tax or other taxes may become payable on the basis of joint patta. Otherwise, as related to individual holdings alone, the same may not be payable.
In what cases are patta transferred?
There are a few instances when patta needs to be transferred. Take the case of an owner, having a patta, expiring without leaving a Will. In such cases, the legal heirs of the deceased person are entitled to have patta for the property in their names.
In the case of a person leaving a Will, patta can be transferred to the beneficiary with the consent of others who will be the immediate heirs of the deceased person. The officer concerened may also require the production of Letters of Administration or Order of Probate in appropriate cases.
My seller has a patta in the name of previous owner. Is it mandatory for my seller to have patta in his or her name?
Although, it is possible to have the patta directly in the name of a purchaser or a transferee, after purchase or transfer, it is desirable that patta is available in the name of the seller or the transferor. To a certain extent, there could be an element of comfort if the seller is a known person or the transferor a close relative. It is also possible to ascertain whether patta will be issued in the name of the purchaser or the transferee and in cases where patta is not obtained by the seller or the transferor but documents are in order, it is best to check whether it will be issued directly in favour of the purchaser or the transferee.
The title deeds are in the name of one person. Patta is in the name of somebody else or one or more other persons?
This has to be approached on a case to case basis.
It is also possible to obtain a correct patta if there is an error or omission or oversight. Decision may be taken after obtaining legal advice.(The Hindu)
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