Property Consultation

· Property owner’s name · Size of the property/measurement of the property · Location of the property · Built-up area of the property · Whether the property is vacant or occupied · Purpose of utilization of the property · The annual value of the property

Property owner’s name Size of the property/measurement of the property Location of the property Built-up area of the property Whether the property is vacant or occupied Purpose of utilization of the property The annual value of the property

Khata Amalgamation is a process of modifying two or more Khata's into one. The time taken for this process is generally 30 days with a processing fee amount of 2% as of the stamp duty paid for registration.

We are aware that transfer of any property against consideration is called “Sale”, and transfer without consideration is called “Gift”. Now when a property has been exchanged with another property it is called “Exchange”. There may be both immovable or movable property, which can be transferred through exchange.

Sale refers to immovable property only, whereas exchange refers to both movable and immovable properties. The consideration in sale is price paid or promised and partly paid or partly promised, exchange on the other hand has the consideration for transfer of one property in exchange for another property.

An exchange deed is a type of deed registered between owners of properties in order to exchange the properties between the transacting parties. The transaction is different from a conventional property sale because there is no transfer of money between the parties.

The amount that property owners owe in property tax is determined by multiplying the property tax rate by the current market value of the land in question. Most taxing authorities recalculate the tax rate annually. Property taxes are primarily levied on real property, which is legally defined and classified by the state apparatus. Real property includes the land, structures, or other fixed buildings. Ultimately, property owners are subject to the rates established by the municipal government. The municipality typically employs a tax assessor who assesses the local properties. In some areas, the tax assessor may be an elected official. The assessor assigns property taxes to owners based on the current fair market values, which then become the assessed values for the homes. The payment schedule for property taxes varies by locality. In nearly all local property tax codes, there are mechanisms in place that allow owners to discuss their tax rates with the assessor or formally contest the rates. If property taxes are left unpaid, the taxing authority may place a lien on the property. It is advisable for buyers to thoroughly review any outstanding liens before purchasing any property.

In Bangalore, like in any other part of the country, we do not have an active and reliable real estate market that publishes the rental rates of every street. The published guidance value of the Department of Stamps and Registration is the only objective tool available for making a reasonable classification of zones. Other methods of classification will be too subjective and run the risk of official discretion. The guidance value route is adopted in other Corporation in the country

Property owners pay property tax calculated by the local government where the property is located. Property tax is based on the value of the property, which can be real estate or—in many jurisdictions—also tangible personal property. Improvements in water and sewer use the assessed taxes.

Property tax is a tax paid on property owned by an individual or other legal entity, such as a corporation. Most commonly, property tax is a real estate ad-valorem tax, which can be considered a regressive tax. It is calculated by a local government where the property is located and paid by the owner of the property. The tax is usually based on the value of the owned property, including land. However, many jurisdictions also tax tangible personal property, such as cars and boats.

Zone classification and rates are the two tools for property taxation. In the year 2008-2009, several areas were treated as backward and classified under the F Zone. This classification was based on the prevailing guidance value at that time. However, since 2008-2009, there have been developments in these areas, leading to a significant increase in rental/lease rates. During the process of re-fixing the zones, certain streets have shifted from a lower zone to a higher zone, and in some cases, they have moved up by two zones. To control the increase incrementally, a cap has been implemented, ensuring that even if there is a shift of two or more zones higher, the shift is limited to one zone higher only. Furthermore, property taxation cannot be simplified by merely increasing the denominator by 5-10% of the existing tax. There needs to be a prescribed method that allows for the assessment of unassessed properties or new buildings to determine the tax payable by them. Additionally, existing taxpayers should have a method to calculate their tax payable after accounting for available depreciation and reporting any additions or deletions made to the property. Therefore, a uniform assessment process for all properties during tax revision is necessary to determine the appropriate tax payable.

The Khata Certificate is a document which identifies the ownership of a property. It is provided to a taxpayer for registering a new property, transferring any property or for availing the various amenities such as water connection, trade license, building license, etc. The Certificate can be obtained by submitting a letter of requisition to the Assistant officer, supported with the details and receipts of the latest tax payment. The certificate is normally issued in a week’s time.

Khata Types

Khata Certificate and Khata Extract are documents provided by the Bruhat Bangalore Mahanagara Palike (BBMP) to the owner of a property to assess the property taxes indebted by the latter. These documents serve its purpose during the registration and sale of a property.

The definition of the built-up area under Rule (2) (vi) is as follows: "Built-up area" refers to the total area covered by buildings or high-rise buildings above the plinth level. This includes all covered areas such as basements, mezzanine flooring, balconies (whether covered or not), garage areas, constructed boundaries of swimming pools, fuel storage tanks constructed underground or above the ground, storage of merchandise in open spaces like timber, granite, bricks, etc., stilts meant for parking, telecommunication and other towers, and hoardings erected on the surface or top of any open space of land or building. However, it does not include: 1. Courtyards at the ground level, gardens, rocky areas, wells and well structures, plants, nursery platforms around trees, overhead water tanks, fountains, benches with open tops, and lakes. 2. Drainage, culverts, conduits, catch-pits, gully pits, chambers, gutters, and similar structures. 3. Compound or boundary walls, chejjas, uncovered staircases, watchman booths/pump houses not exceeding three square meters, and sump tanks.

· Property owner’s name · Size of the property/measurement of the property · Location of the property · Built-up area of the property · Whether the property is vacant or occupied · Purpose of utilization of the property · The annual value of the property

When the ownership of a property is transferred to another for reasons other than outright sale, it is termed as Khata transfer. This could be done as extending gifts or under a person’s will in case of their death. For property owners in Bangalore who have purchased an apartment, it is important to know that Khata Transfer is a crucial task to complete in order to obtain the official property documents. Khata Transfer is also essential for paying property taxes and avoiding any fines due to negligence.

It takes 7 working days in the case of BDA/KHB allotted properties and 30 working days in the case of revenue extensions, BDA re-conveyed areas, gramathana, high-rise buildings (both apartments & commercial complexes)

Khata Bifurcation is a process of dividing the Khata into more than two Khatas. A person can obtain a Khata Bifurcation in 30 days with a processing fee of 2 % of the stamp duty paid for registration.

Property owner’s name Size of the property/measurement of the property Location of the property Built-up area of the property Whether the property is vacant or occupied Purpose of utilization of the property The annual value of the property

A deed of release or release deed is a legal document that removes the claim of a person from an immovable property and transfers his/her share to the co-owner. The release deed procedure is executed in the sub-registrars office and both the parties are required to be present for signing it.

In release deed all documents related to the transfer of immovable property, need to be signed by both parties, registered and stamped. Gift deed is formed between two parties without any consideration, where as release deed needs a consideration for being a valid deed.

The durable type of power of attorney is only effective during the period a person wished to get someone else act on his or her behalf. A non-durable POA will end the moment it is revoked or when the expiration date specified arrives. However, what will happen in the event the agent becomes debilitated? Will the POA still be applicable? In such a case, the principal would prefer that the POA remains active even if he or she becomes unable to communicate. For example, if the principal becomes comatose, but would prefer that the spouse be the agent, it can be specified in the form of a durable power of attorney. The POA gives power to the spouse to make decisions even when the principal is comatose.

Power of Attorney, or POA, is a legal document giving an attorney-in-charge or legal agent the authority to act on behalf of the principal. The attorney in charge possesses broad or limited authority to act on behalf of the principal. The agent can make decisions regarding medical care, financial matters, or property on behalf of the principal.

The general power of attorney is a broad mandate that gives an agent a lot of power to handle the affairs of a principal. The agent or the person designated to act on behalf of the principal is charged with handling several tasks. The tasks include buying or disposing of real estate or even entering into contractual relationships on the principal’s behalf.

An individual looking to limit how much the agent can do should choose limited or special power of attorney. Before signing to notarize a limited power of attorney, a person needs to be as detailed as possible about how much the agent should handle. If an individual is not clear what should fall under the special power of attorney, it is best to speak to a legal counsel.

If the principal becomes very ill, he or she reserves the right to decide the quality of care preferred. Medical or health care POA authorizes the agent to make decisions on behalf of the principal in case of a life-threatening illness. Most health POAs fall under the durable kind because they take into consideration the fact that the principal may be too sick to make their own decisions. In all the instances above, the principal should speak to a counsel before choosing an agent. In addition, it is best for the principal to get the counsel to walk him or her through every step of notarizing a power of attorney in order to understand what should go into the document.

The EC (Encumbrance Certificate) is issued in two forms, namely Form No. 15 and Form No. 16. Form No. 15 provides details of each transaction that has taken place over the years, while Form No. 16 serves as a Nil Entry or Nil Certificate, indicating that no registered transactions have been found within the specified time span. In simplified terms, when a person intends to purchase a property, land, or flat, they obtain an EC from the nearest Sub Registrar Office to ensure that the property has not already been sold to someone else, mortgaged to a bank for loans, or used as collateral security, and so on. It is advisable to obtain an EC covering a minimum of 30 years when buying property. However, it is important to note that while the EC provides valuable information, other documents must also be thoroughly scrutinized.

The EC (Encumbrance Certificate) is a record provided by the Sub Registrar's Office for a particular property. It contains the records of all the registered transactions pertaining to a specific land, plot, flat, or property within a given time span.

An agreement of sale is a legal document that outlines the terms of a real estate transaction. It lists the price and other details of the transaction and is signed by the seller and the buyer. An agreement of sale is also known as the contract of purchase, contract for sale, contract agreement, or sale agreement.

An agreement of sale comprises the terms and conditions governing the sale of a property from the seller to the buyer. These terms and conditions encompass the sale price and the future date of full payment. The agreement of sale serves as the foundational document upon which the sale deed is drafted.

A sale deed is considered as an authentic instrument and also that establishes a clear title over the property because it is a compulsorily registrable document as per Sec 17(1) of Registration Act 1908. However, Sec 13 of the RERA Act 20161 requires a sale agreement to be registered.

The agreement for sale is valid for three years. If there is a negative clause in the agreement, say, the buyer has to register the property within three months’, then, the limitation is extended by such period.

A sale deed is drafted on the actual sale/transfer of the property. Once the deed is executed, the new buyer takes the complete ownership of the property.

The ‘Agreement For Sale‘ is a contract to transfer property from the seller to the buyer. It is a legal document that outlines the terms of a real estate transaction. It is a contractual property agreement between the seller to sell a particular property on particular terms and an agreed-upon price to the buyer.

B Khata property owners can transfer ownership or resell their properties easily. However, B Khata owners may face some difficulties in doing so.

Legal advice is the provision of a professional or formal opinion about the substance or procedure of the law in relation to a specific factual situation.

A khata property ownership can be transferred.

Having legal advice means making sure that you’re going to get the best deal possible and that you will have the support you need to ensure that you are not railroaded by a party trying to take advantage. Facing a tough legal issue can be overwhelming and, quite frankly, exhausting.

According to the Registration Act, 1908, any transaction having the sales proceeds of Rs 100 has to be registered. So, practically registration is a must wherever there is a sale and purchase of property or transfer of property. When you register your property, you will be able to establish your lawful ownership of the property. If you do not register your property, you will not be able to further sell the property. You will also not be able to mortgage your property or raise any loan against the property. In case your property gets acquired by the government, you won’t be entitled to compensation if the property has not been registered.

A legal opinion is an opinion from lawyers issued in letter form expressing legal conclusions about and/or legal analysis of a transaction or matter which is relied on by the addressee of the opinion.

According to the Registration Act, 1908, any transaction having the sales proceeds of Rs 100 has to be registered. So, practically registration is a must wherever there is a sale and purchase of property or transfer of property. When you register your property, you will be able to establish your lawful ownership of the property. If you do not register your property, you will not be able to further sell the property. You will also not be able to mortgage your property or raise any loan against the property. In case your property gets acquired by the government, you won’t be entitled to compensation if the property has not been registered.

The documents needed for registration must be presented within four months from the date of execution. Failure to register the purchase agreement of a property will attract a penalty. If a document that needs to be registered remains unregistered, then it will not be acceptable by the court of law.

We ensure the confidentiality of all our clients' information. However, in some cases, our lawyers may assist multiple parties in the same case and have access to information about other clients. In such situations, we maintain strict confidentiality and may share information with each other only as necessary to provide effective legal assistance.

The purpose of a legal opinion in a transaction is to provide an additional layer of assurance to the party receiving the opinion. In loan transactions in the United States, it is customary for the borrower’s counsel to provide an opinion to the lender (but not vice versa).

A partition deed for a property is executed to divide the property among different individuals, typically among family members. A partition involves the division of jointly held property among multiple individuals, ensuring that each person receives a designated share and becomes the owner of their allocated portion.

Once the partition deed comes into effect, each share in the property becomes an independent entity. Each divided share of the asset gets a new title. Also, members surrender their claim in the shares that have been allocated to the other members.

A partition deed is commonly utilized by families to distribute shares of inherited properties among members. Following the division, each member becomes an independent owner of their respective share in the property and has the legal freedom to sell, rent, or gift their asset in accordance with their own wishes.

A sale deed is drafted on the actual sale/transfer of the property. Once the deed is executed, the new buyer takes the complete ownership of the property.

An agreement of sale is a legal document that outlines the terms of a real estate transaction. It lists the price and other details of the transaction, and is signed by the seller and the buyer. An agreement of sale is also known as the contract of purchase, contract for sale, contract agreement or sale agreement.

A sale deed is considered as an authentic instrument and also that establishes a clear title over the property because it is a compulsorily registrable document as per Sec 17(1) of Registration Act 1908. However, Sec 13 of the RERA Act 20161 requires a sale agreement to be registered.

An agreement of sale constitutes the terms and conditions of sale of a property by the seller to the buyer. These terms and conditions include the amount at which it is to be sold and the future date of full payment. Agreement of sale is the base document on which the sale deed is drafted.

The agreement for sale is valid for three years. If there is a negative clause in the agreement, say, the buyer has to register the property within three months’, then, the limitation is extended by such period.

The ‘Agreement For Sale‘ is a contract to transfer property from the seller to the buyer. It is a legal document that outlines the terms of a real estate transaction. … It is a contractual property agreement between the seller to sell a particular property on particular terms and an agreed-upon price to the buyer.

Transfer through a gift deed is better when the need to transfer is on an immediate basis, whereas if an individual wants the property to move on to his /her successors only after his/her death, then writing a will may be the best way out.

Yes, the property received under Gift Deed can be sold. Provided, that you have received the property under registered Gift Deed without any condition attached. However, in the case of the registered Gift Deed, donor and do-nee both need to acquiesce for revocation.

Gift deed as a legal document that describes the voluntary transfer of gift from a donor (owner of the property) to done (receiver of gift) without any exchange of money. The donor must be solvent and should not use this tool for tax evasion and illegal gains.

The gift deed can certainly be questioned in the court of law by filling a suit for such declaration. However, it will be challenged only if you are able to establish that the execution of the deed was not as per the wish of the donor or was executed under misrepresentation, fraud etc.

A gift deed cannot be cancelled unless the done has obtained the same through either by fraud, coercion, misrepresentation or undue influence from the donor. Court Fees will be as per the value of the property.

The procedure to transfer the property from mother to son is by way of Gift Deed. The Registration cost is not as high as in case of registration of Sale Deed. You need to bring Demand draft around Rs. 6000/- towards Stamp Fees and another Demand Draft around.

Makers are experts in getting approvals for everyone. You won’t have to worry about taking care of these approvals all by yourself as our experienced team will assist you. All you have to do is get all the required documents ready and handover them to us and we will take care of the government approvals and provide our top-of-the-line, hassle-free services. We are trustworthy and have an excellent track record with our clients.

An occupancy certificate (OC) is a document issued by the statutory authority (such as BBMP and BDA in Bangalore) that grants the applicant (builder) permission to occupy the property. It is required for both commercial and residential buildings.

The minimum setback requirements for basement floor construction are as follows: for the front side, it should be 12% of the plot width or 2.0 meters, whichever is higher; and for all other sides, a minimum setback of 2.0 meters is required.

The number of floors allowed for plan sanction or approval varies depending on the plot size. For a 30x40/1200 sq. ft site, you can obtain approval for G+3 floors with a Floor Area Ratio (FAR) of 1.75. It's important to note that approval for the 3rd floor is granted only if the ground floor is designated for parking purposes. For a 40x60/2400 sq. ft site, you can obtain approval for G+4 floors with a FAR of 1.75. However, the approval for the 4th floor depends on having a road width of more than 9.14 meters in front of the property.

After obtaining plan sanction, construction work begins, and once the plinth beam is in place, an application is submitted for a commencement certificate. A commencement certificate is a document issued by the local municipal authority that validates the legitimacy of a real estate project and grants permission to the developer to commence construction.

Typically, planning to construct a home, apartment, commercial, industrial or any building in Bangalore, a land owner or a developer has to approach the local civic authorities (BBMP/BDA/BIAPA/BMRDA/panchayats.) concerned and get approval for new construction or renovate the Building, plan approvals are compulsory. After the approval is granted, the building plan becomes a sanctioned plan and the owner/client has the right to go ahead with the construction.

The minimum road width required for obtaining plan sanction for residential apartment buildings is 9.14 meters or 30 feet.

The cost of obtaining plan sanction in Bangalore can range from Rs 20,000 to Rs 60,000. The exact cost depends on various factors such as the dimensions of the site, whether it's for residential or commercial purposes, the built-up area, and the authority under which the property needs to be approved (BBMP, BDA, BMRDA, Gram Panchayat, etc.).

Makers receive manual applications at BIAAPA. Makers design the sanction drawing in accordance with BDA zoning regulations and provide blueprints and filled applications for the applicant's signature. After obtaining the applicant's signature, the makers apply for Building Plan Approval from the Authority. The application, along with documents, affidavits, applicable NOCs, and sanction drawings, must be submitted. Verification of documents and drawing is conducted by the authority. Site inspection is carried out by an engineer or case worker. The party is issued a Demand Note/Challans for payment. Requisite fee is paid, and receipt of the requisite fee is obtained. Building Plan approval and sanction letter are issued within 15 days.

Title Deed Mother Deed Latest Tax Paid Receipt Latest Khata Encumbrance Certificate (E.C.) from 2010 to the present Deed Holder's Aadhaar Card Deed Holder's PAN Card Site Photo & Google Location

In 2015, the government issued guidelines to the BBMP stating that plan sanctions for BDA, KIADB, and KSSIDC plots within the BBMP limits should be granted solely by the local authority. The government instructed that permissions should be given and regulations should be followed according to the BBMP zoning regulations.

Title Deed Mother Deed Latest Tax Paid Receipt Latest Khata Encumbrance Certificate (E.C.) from 2010 to the present Deed Holder's Aadhaar Card Deed Holder's PAN Card Site Photo & Google Location

Makers receive manual application at BDA (Near BDA offices). Makers design the sanction drawing as per BDA zoning regulations and provide blueprints and filled applications for taking the applicant's signature. After obtaining the applicant's signature, the makers apply for Building Plan Approval to the Authority. The applications, along with documents, affidavit, and applicable NOCs, as well as the sanction drawing, are submitted. Verification of documents and drawing checked by the authority. Inspection of the site by Engineer/Case worker. Issue of Demand Note/Challans to the party for payments. Requisite fee is paid and receipt of requisite fee is obtained. Issue of Building Plan approval and sanction letter within 15 days.

Makers will assist you in obtaining plan sanctions/approvals within a period of 15 days.

An occupancy certificate (OC) is a document issued by the statutory authority (such as BBMP and BDA in Bangalore) that grants the applicant (builder) permission to occupy the property. It is required for both commercial and residential buildings.

Makers will assist you in obtaining plan sanctions/approvals within a period of 15 days.

Filing an application online. License fees for scrutiny/processing charges should be paid online. Submitting copies of property records and drawings online. Verification of documents and drawings. Inspection of the site by an engineer. Issuance of a Demand Note to the party for payment of the requisite fee. Receipt of the requisite fee. Download of receipt/acknowledgment. Issuance of building plan approval within 15 days.

The cost of obtaining plan sanction in Bangalore can range from Rs 20,000 to Rs 60,000. The exact cost depends on various factors such as the dimensions of the site, whether it's for residential or commercial purposes, the built-up area, and the authority under which the property needs to be approved (BBMP, BDA, BMRDA, Gram Panchayat, etc.).

Title Deed Mother Deed Latest Tax Paid Receipt Latest Khata Encumbrance Certificate (E.C.) from 2010 to the present Deed Holder's Aadhaar Card Deed Holder's PAN Card Site Photo & Google Location

The minimum road width required for obtaining plan sanction for residential apartment buildings is 9.14 meters or 30 feet.

The minimum setback requirements for basement floor construction are as follows: for the front side, it should be 12% of the plot width or 2.0 meters, whichever is higher; and for all other sides, a minimum setback of 2.0 meters is required.

After obtaining plan sanction, construction work begins, and once the plinth beam is in place, an application is submitted for a commencement certificate. A commencement certificate is a document issued by the local municipal authority that validates the legitimacy of a real estate project and grants permission to the developer to commence construction.

The number of floors allowed for plan sanction or approval varies depending on the plot size. For a 30x40/1200 sq. ft site, you can obtain approval for G+3 floors with a Floor Area Ratio (FAR) of 1.75. It's important to note that approval for the 3rd floor is granted only if the ground floor is designated for parking purposes. For a 40x60/2400 sq. ft site, you can obtain approval for G+4 floors with a FAR of 1.75. However, the approval for the 4th floor depends on having a road width of more than 9.14 meters in front of the property.

Satellite towns or cities are socially and economically independent, either fully or partially. They are physically separated from the metropolis by a wide corridor of rural land, a green belt, or even a river. Over time, satellite cities develop their own urbanized areas.

Satellite cities are smaller cities that are located near a larger city. They differ from suburbs because satellite cities have their own centers, as opposed to suburbs, which are essentially extensions of a large city. A satellite city is a planned city within the natural growth area of a nearby city.

Satellite town was first proposed by Howard in 1898, which was called "garden city" at that time

A satellite city is essentially a mini-city that is planned in the vicinity of a larger city or metropolitan area. It shares similar characteristics with a city and is designed to curb urban expansion into the suburbs.

We ensure the confidentiality of all our clients' information. However, in some cases, our lawyers may assist multiple parties in the same case and have access to information about other clients. In such situations, we maintain strict confidentiality and may share information with each other only as necessary to provide effective legal assistance.

The documents needed for registration must be presented within four months from the date of execution. Failure to register the purchase agreement of a property will attract a penalty. If a document that needs to be registered remains unregistered, then it will not be acceptable by the court of law.

A legal opinion is an opinion from lawyers issued in letter form expressing legal conclusions about and/or legal analysis of a transaction or matter which is relied on by the addressee of the opinion.

B Khata property owners can transfer ownership or resell their properties easily. However, B Khata owners may face some difficulties in doing so.

Having legal advice means making sure that you’re going to get the best deal possible and that you will have the support you need to ensure that you are not railroaded by a party trying to take advantage. Facing a tough legal issue can be overwhelming and, quite frankly, exhausting.

Legal advice is the provision of a professional or formal opinion about the substance or procedure of the law in relation to a specific factual situation.

The legal opinion is meant to favor the buyer’s interest. These legal opinions can tell the buyer if the buyer is a worthy one or not. A good lawyer can provide the buyer with the best details of the paperwork.

According to the Registration Act, 1908, any transaction having the sales proceeds of Rs 100 has to be registered. So, practically registration is a must wherever there is a sale and purchase of property or transfer of property. When you register your property, you will be able to establish your lawful ownership of the property. If you do not register your property, you will not be able to further sell the property. You will also not be able to mortgage your property or raise any loan against the property. In case your property gets acquired by the government, you won’t be entitled to compensation if the property has not been registered.

The purpose of a legal opinion in a transaction is to provide an additional layer of assurance to the party receiving the opinion. In loan transactions in the United States, it is customary for the borrower’s counsel to provide an opinion to the lender (but not vice versa).

A khata property ownership can be transferred.

In one scenario, the cancellation of a sale deed can be requested in a Court solely by the person who executed the document and believes that the document is either void or voidable. In another scenario, even if a person is not a party to the document, they can still file a lawsuit seeking a declaration.

The cancellation of sale deed can be done bilaterally by the seller and purchaser if there is an agreement to this effect. The registrar is bound to register the cancellation deed when presented both by the seller and purchaser. After the execution of cancellation the buyer ceases to have any rights in the property.

Once a document is registered, it can only be cancelled through a legal process by filing a suit for cancellation in a Civil Court. The court thoroughly examines the document to determine its legality and validity. The Registering Authority does not have the authority to cancel a registered document.