Land Purchase TIPS From James Adhikaram MD,Realutionz - The Best Land Service Providers in Kerala

Land Literacy Programme.

My Land …. My Asset.

A Jamesadhikaram Presentation. 9447464502

Successful Land Owner.

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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

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1. Pre Buying Activities.2. Buying Process.3. Post Buying Activities.

1. PURCHASE OF LAND1. Pre buying activities.

Enquiry 

1. Land Records.2. Land.3. Seller.

1. PURCHASE OF LAND1. Pre buying activities.1.1.1 Land Records

1. Ownership records.2. Land Revenue

Records.BTR/Thandapper/FMB3. Certificates.4. Tax receipts.5. Maps and Sketches

Piece of Land…Peace of mind.For the safe maintenance of the land you have to ensure 4

basic 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 bank2. Residential/commercial plot appeared in the BTR as Nilam3. Pattayam – Time limit for disposal is yet to be over.4. Adivasi/ ST land –transaction not permitted by District Collector5. 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.

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 RECORDSREVENUE 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 ktmLSG-PanchayathHouse 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

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Basic tax

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KNOW TO MEASURE YOUR LAND One Are(100 sq.M)= 2.47 Cents One cent=

0.405 Are One Hectare = 2.47 Acres =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 2Multiply 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 …..

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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 points1. 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 list1. 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 list1. 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 document1. 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

commission8. 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 isFor pointing out the Boundary of your Land..Obtain a copy of FMB or sub division sketch and keepIt 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 sketchShould 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. Website. jamesadhikaram.com2. Facebook . https://www.facebook.com/jamesjoseph20113. https://www.facebook.com/1000637746672984. 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-10

7269217761754/8. https://www.facebook.com/Michabhoomi-1009794348054

15/9. https://www.facebook.com/adhikaramhr/10. https://www.facebook.com/Kerala-Land-Conservancy-586

345548669008/

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Thank You!!

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T. JAMES JOSEPH MOB -9447464502 kottayamWEB- www.slideshare.net.in/mysandesham.Face Book -Kerala Laws on Land