Title Verification under Transfer of Property Act

Project 1 – Title verification under Transfer

of Property act

Submitted By –

Konark Gupta

B.S.L-L.L.B (5 Year law course)

D.E.S Law College (Fergusson College), Pune

History of Hindustan Petroleum Corporation Limited

Caltex Petroleum Corporation, a foreign country was controlling two of its subsidiaries namely

Caltex oil refining (India) limited and Caltex (India) limited. Caltex oil refining (India) Limited was

incorporated in India.

While Caltex oil refining (India) limited was an Indian company carrying on business of refining

crude oil and manufacturing of petroleum products in its refinery at Vishakhapatnam. On the

other hand, Caltex (India) limited was carrying on business of marketing and distribution of

petrol and petroleum products.

The name of Standard -vacuum Oil Company, which was the parent foreign company, was

changed to ESSO standard eastern INC and was further changed to ESSO Eastern INC. Lube India

private Limited was incorporated after this and further it became Lube India limited.

The Central Government acquired in the name of the President of India, 74% of the equity share

capital of the ESSO standard refining company and Lube India limited respectively. Therefore,

these companies became the Government companies as defined by section 617 of the

Companies Act.

Central Government by Lube India Limited and ESSO standard refining company of India ordered

in 1974 transferred the undertaking of Lube India limited and vested the same in ESSO standard

refining company of India limited and changed the name of the company to Hindustan

petroleum Corporation Limited from July 12, 1974

Certificate of incorporation issued by Asst registrar of companies Maharashtra, Bombay where

the name was changed to Hindustan Petroleum Corporation Limited. In and around October,

1976 Government of India acquired the balance 26% of shares of ESSO standard refining

company of India Ltd from ESSO eastern Inc. Therefore, HPCL became a wholly owned

Government Company.

The right, title and interest of CALTEX (India) limited in relation to its undertakings in India stood

transferred to and vested in the Central Government. Simultaneously all the share capital of

Caltex oil refining (India) Limited also transferred to and vested in the Central Government.

The central government acquired Kosangas company and transferred the right, title and interest

in relation to the undertaking of Gocul gas private limited and vested it in the central govt. Govt of

India vested the right, title and interest and the liabilities of the Kosangas company in relation to its

undertaking in Hindustan petroleum corporation limited from May, 1979.

Hindustan Petroleum Corporation Limited’s Business

Hindustan Petroleum Corporation Limited owns and operates two major refineries producing a wide variety of Petroleum fuels & specialties, one in Mumbai of 6.5Million Metric Tonnes Per Annum (MMTPA) capacity and the other in Visakhapatnam, with a capacity of 8.3 MMTPA. Hindustan Petroleum Corporation Limited also owns and operates the largest Lube Refinery in the country producing Lube Base Oils of international standards, with a capacity of 428 TMT. This Lube Refinery accounts for over 40% of the India's total Lube Base Oil production. Presently HPCL produces over 300+ grades of Lubes, Specialities and Greases. Hindustan Petroleum Corporation Limited in collaboration with M/s Mittal Energy Investments is operating a 9 MMTPA capacity Refinery at Bathinda in Punjab and also holds an equity of about 16.95% in the 15 MMTPA Mangalore Refinery and Petrochemicals Ltd. (MRPL).

Hindustan Petroleum Corporation Limited has the second largest share of product Pipelines in

India. With a pipeline network of more than 2,500 kms for transportation of petroleum products

and a vast marketing network consisting of 13 Zonal offices in major cities and 101 Regional

Offices facilitated by a Supply & Distribution infrastructure comprising Terminals, Pipeline

networks, Aviation Service Stations, LPG Bottling Plants, Inland Relay Depots & Retail Outlets,

Lube and LPG Distributorships.

It is listed on the Bombay Stock exchange (BSE) and National Stock Exchange (NSE), India.

Hindustan Petroleum Corporation Limited is committed to achieve the economic, ecological & social responsibility objectives of sustainable development consistently through varied operations and activities. HPCL’s focus areas are in the fields of Child Care, Education, Health Care, Skill Development & Community Development, touching lives of weaker section of society.

Land laws present in Maharashtra

1. Maharashtra land revenue code, 1966

2. Maharashtra regional and town planning act, 1966

3. Bombay tenancy and agricultural lands act, 1948

4. Bombay prevention of fragmentation and consolidation of holding act

5. Maharashtra agricultural lands (ceiling on holding) act

6. Bombay village panchayat act

7. Bombay provincial municipal corporation act

8. Maharashtra restoration of land to ST’s act

9. Maharashtra restoration of land to ST rules

10. Maharashtra project affected person rehabilitation act

11. Maharashtra Co-operation housing society

12. Land acquisition act

13. Transfer of property act

14. The Bombay highway act

15. The national highway act

16. Registration act

17. Indian forest act

18. Environment protection act, 1986

Title Verification under Transfer of Property Act in

Maharashtra

The base definition of an immovable property as defined in The General Clauses Act, 1897 U/S.

3(26), "Immovable property" shall include land, benefits to arise out of land, and things attached

to the earth, or permanently fastened to anything attached to the earth." An immovable

property is also defined in various other acts like Transfer Of Property Act,1882, Registration Act,

1908, The Income Tax Act, 1961 etc.

Herein we shall deal with investigation of title required for various purposes including but not

restricted to sale, but also for lease, sublease, and mortgage. For the purpose of brevity, the

reference of sale shall also mean to include purposes of lease, sublease, license, and mortgage

where applicable.

Title is a legal term; it means the ownership right to property. Title of property is the prime

concern of everyone at the time of purchasing of a property. Every property has a title. Title is

the evidence of the right of ownership or the ground of right of ownership. Title can be created

by act of parties or by operation of law. Transfer acquires title or by operation of law .The law

relating to transfer of immovable property is governed by the Transfer of Property Act .Two

other Acts closely connected to it are the Indian Registration Act and the Indian Stamp Act. Law

of Contract, and the various Statutes passed by State Legislatures from time to time have

important bearing in the matter of ascertaining title to immovable property. Law relating to

succession is another important area connected to investigation of title.

Investigation of title is very essential since the ownership of the property is required to be

complete, fair & free from any doubts, risks & interest. To ensure this an investigation is much

needed so that a purchaser can take all necessary steps at the time of acquiring property to

obtain a good & clear title of the land. When search is conducted unto the property of the

person who owns it, it is called the Investigation of Title. It is also popularly called as 'SEARCH'

into the ownership of the property. The investigation is carried out broadly to ensure that the

property is indeed in the name of the person selling, is free from liens, mortgages and

encumbrances, that the property tax has been fully paid up to date and that the property is not

engaged in any legal conflicts.

The object of investigations of title is to ascertain the ownership and title of a given

property, in most cases immovable in nature. The attributes of ownership are –

(1) Right to have and to get possession

(2) Right to prevent interference by others

(3) Power of alienation

(4) Liberty of using the object according to owner's will

(5) Liberty of enjoying the fruits and to avail of the object owned

(6) Liberty of changing its form and even destroying it

The origin of ownership is in possession: Actual possession implies a right to retain it until the

contrary is proved and to that, extent possessor is presumed to be the owner .The concept of

ownership gave birth to "title" and the idea of title as the better right to obtain or retain

possession evolved through trover and detenue. A person, who would succeed in establishing a

better right to have possession than the other, would be the owner. All titles to land are

ultimately based on possession.

Investigation of title is an intricate matter. There is no standard period prescribed for the root of

title. To what extent and up to what period the prior title deeds are to be perused vary from case

to case. The safest thing is to peruse the title deeds for the last 30 years. The reasons for this

proposition are-

(1) The period of Limitation against Government is 30 years

(2) Under Section 90 of the Evidence Act, a document 30 years or more are presumed to be

validly executed.

(3) The contents of any document are presumed to represent the correct agreement or

understanding between the parties thereto.

However, a search for the last 12 years is treated as normally sufficient. If the title cannot be

reasonably be ascertained within 12 years, then it is necessary to go back as much as necessary.

In addition to ascertaining the owner's title, it is the duty of the investigator to rule out the

possibility of any subsisting charge by way of equitable mortgage on the property under

investigation. For this, perusal of all original title deeds for the last 12 years or even more may

become necessary.

Record of Rights

Ownership and use of a particular parcel of land can be ascertained and guaranteed, if the land records are kept and the laws governing land relationships are published. The land records are ascertaining the state of ownership and property rights. In land deals, investigation of the land

records is essential to ascertain who the actual owner is.

Over time, the "Law" which developed to regulate land relationships has come to focus on classifying the persons using land according to ownership categories and the purpose for which they are using land.

Record of Right is land record where all sorts of right and liabilities in respect of every piece of land are registered.

Subject of Record of Right was discussed in the year 1897 for the purpose of settlement.

Settlement is the process, which determines amount of land payable to the Government. A first code was prepared on this subject in the year 1903. This code was replaced and incorporated as

chapter 10-A in the Bombay Land Revenue Code, 1913. The responsibility for payment of revenue is fixed based on the Record of Rights. Later on the statutory provisions of the Record of

Rights are incorporated in chapter 10-A of the Maharashtra Land Revenue code 1966.

Importance of record of right:-

The provisions made in the Maharashtra Land Revenue Code, 1966 are revenue-oriented.

Although recent time land revenue is not important source of income of the state, this record remained important because this is registered of rights and liabilities.

After independent rapid development in industry and commerce took place, area under

urbanization is also increased. With the result prices of land soared. People found real estate a reliable place for investment. Record of Right became one of the most important documents for

investigation of title.

Registered of Record of Right and Registered of crops is prepared and maintained by Talathi in the combined village form VII-XII and Registered of Mutation in village form VI.

Information available in record of rights:-

1. Names of all persons who are acquired some rights in the land, nature and limits of their

rights and conditions under which they acquire the rights. Rent or revenue required to pay by them.

2. Details of charges of attachment and decrees under the order of civil court or revenue

authorities

3. Details of loan taken by the occupant

4. If land is classified as a “fragment” under the section 6 of the Bombay prevention of

fragmentation and consolidation of holding Act 1947, the same is noted in this record.

5. Easement, such as right of way is entered in this record.

Procedure of change in rights:-

Any person acquiring by succession, survivorship, inheritance, partition, purchase mortgage, gift, lease or otherwise, any right as holder, occupant , owner, mortgagee , land lord, Government lessee or tenant of the land has obligation to report in writing his acquisition of such right to the Talathi within three months from the date of such acquisition.

When any document is registered under Registration Act 1908, creating any right on land, registering officer has to send intimation to the Talathi and Tahasildar in the first week of each month in respect of documents registered in the preceding month.

After receipt of acquisition report from the person or receipt of intimation from the regis tering officer, Talathi has to make entry of the same in the registered of mutation. To safeguard

interest of the person acquiring right or intend to acquire right in the land Talathi has to write mutation number on record of right by pencil. He has to post up complete copy of the mutation

entry in a conspicuous in the Chavdi. In addition, he has to give written intimation to all persons whose names appeared on record of rights, register of mutation and to any other person to

whom he has reason to believe that they are interested therein. Circle inspector has to certify the mutation entry after verifying correctness of the entry. Talathi has to correct relevant village

forms and their abstract in accordance with the certified entry.

Where collector‘s permission is required to obtain before acquiring right, person has to apply in prescribed form to the collector. Where right is acquired without permission, Talathi has to record this fact in the register of mutation. Right so acquired will be treated as a null and void.

Rewriting of record of rights:-

The record of rights shall ordinarily be rewritten after a period of ten years. The sub-Divisional Officer may direct the record of rights to be rewritten at the end of a shorter period if he

considers that in view of the number of entries made in the record of rights in respect of a large number of survey numbers or sub-divisions of survey numbers in the village, it will be difficult for

the Talathi to make any further entries therein.

When the record of rights is to be rewritten, the Talathi shall transfer the entries in the record of rights, as they stand up to date to fresh copies of record of rights. The Circle Inspector shall

check the record of rights so prepared.

Entries made in record of rights are presumed to be true until the contrary is proved. Where

presumption is rebutted by evidence, the entry in the Record of Right does not have its evidentiary value.

The person who raises dispute about incorrectness of the entry in the record of right has to prove his allegations. The entries in record of right, registered of mutation etc. are evidence of the fact recorded therein under section 35 of the Indian Evidence Act, though is not conclusive

evidence. The entry in this record has high degree of evidentiary value but the entries create no title.

List of documents followed in Maharashtra

1. 7/12 extract (village form VII-XII):

This record contains details of record of rights also known as the A-Land survey number

along with details on Hissa number, Ghaat number, land area, name of owner, types of crops, etc. It can be availed from Talati of village.

Introduction:

The 7/12 extract, traditionally called as “Saath Baara Utara” (in Marathi language), is an extract from the land register of any district, maintained by the revenue department of the

government in the state of Maharashtra. It is a revenue document showcasing; Ownership, Occupancy, rights, liabilities and other agricultural aspects pertaining to a land, mainly the

agricultural land, prepared for each respective village in which property is located. However, Non-agricultural land also has its own extract. Additionally, it is one of the basic documents of title that serves as an evidence of ownership of the agricultural land it represents.

Origin:

The extract is named after, Section-7 (Continuance of requisition) and Section-12 (power to obtain information) of Bombay Land Requisition Act 1948. There are about 16

different Forms’ been maintained in each village revenue system and several other forms recorded as appended to the Maharashtra Land Revenue Record of Rights and Registers (Preparation and maintenance) rules 1971.

Analysis of village form no. - 7 (RECORD OF RIGHTS)

(A) Village form 7 (Record of Right)

(B) Name of the village

(C) Tahsil or Taluka

(D) Survey number/ Gut No

(E) Sub-division of survey number

(F) Type of occupancy

(G) Name of the holder/occupant

(H) Account No

(I) Name of tenant

(J) Local Name of the field

(K) Area fit for cultivation

(L) Area unfit for cultivation

(M) Assessment

(N) Judi Tax or special Assessment

(O) other rights

Village forms VII- XII : Record of rights and register of crops

Village form VII-A : Register of tenancies

Village form VII-B : Register of persons of possession than the person deemed to be in

possession of the land according to the record of rights

2. Form no 6/Mutation extract/Hakka part/Forfar/D Partake:

This form is also called register of mutation. Mutation means substitution of the names of a person in the Record of Right. This is a record of changes in the record of right. Transfer may be by Will, Sale, Mortgage, Lease, Exchange, Gift or Inheritance. This is very useful record as one can find out history of land.

This is registered of heir-ship cases. In this form below, mentioned details are available:-

Name of the deceased occupant or the name of the deceased “other right holder"(“other

right holder” means person whose name is entered in “other right” column of village form VII)

Date of death. Old khata number of village form VIII-A.( deceased occupant’s khata number)

Names of the legal heirs

Names of the heirs with whom land is in actual possession.(“Occupant”)

Details of the order of the Tahasildar as to who should be enter as an “Occupant” and who should be entering in the “other right column” of Village Form VII.

Entry number of village form VI regarding decision taken by Tahsildar about heir-ships. (i) Village form VI – register of mutations (ii) Village form VI-A - Register of disputed cases (Sec 150(3) of the

Maharashtra land revenue code) (iii) Village form VI-B – Register of fines ( Section 152 of the Maharashtra

land revenue code ) (iv) Village form VI-D – Register of sub divisions (Hissa)

3. 8/A Extract:

This booklet contains details of payment of land revenue tax, types of crops grown,

owner's name, etc. 8/A extract, 7/A extract and 6/A extract should be read together. As

per the type of the property there is a limit provided for the holding of the Land, the

Purchaser must check that the Land which he is going to purchase will not cross his limit

as well as they also have to check the present owner is also not holding it as excess land.

8 A Extract is a document, which gives an idea about the exact holding of the owner;

therefore, it is advisable to check that document for calculation of the total holding of the

present owner

Village form VIII-A : Register of holdings

4. Land revenue tax receipts: The Tahsildar when receiving payments of land tax gives this

receipt to land owner. 5. Village Map and Block Plan: It is needed to locate, identify, and confirm the location of

Agricultural Land against the actual physical location of land.

6. Size, shape and dimension of plot: These have to be checked to verify the access to the

agricultural land. This should be followed by an actual survey of land. 7. Access road and internal roads: Confirm this with neighbours and revenue officers. Find the

right of way for Agricultural land. Also, confirm whether the approach road to property is listed in Register 26 available at local panchayat office.

8. Soil testing: This has to be done to find out which plants can be grown on the agricultural land.

9. Reservations: Check whether any road or public purpose area is being acquired by P.W.D, panchayat, etc. with different authorities like BMRDA, panchayat, state government, etc.

10. Agricultural land ceiling: Categories of lands and limits have to be confirmed. NOC has to be obtained from competent authorities like BDA, etc. The size of the land should be less than

that mentioned by land ceiling act. 11. Original title deeds: Check whether the land has clear title of agricultural land.

12. Legal search report and public notice: These have to be taken to investigate the title of the agricultural land under sale.

13. Encumbrances: Any private mortgages against the property need to be settled before the deal is finalized and document registered.

14. Litigation: Check whether any litigation exists. If it does, know the effect of this litigation on title.

15. Demarcation, survey and boundary of land need to be checked by DILR and circle inspector.

16. Disputes of boundary and family need to be settled before buying land. 17. Sale permission: This has to be obtained before selling agricultural land. Otherwise, sale

might become invalid. 18. Agricultural land belonging to Adivasi: Check whether the land belongs to adivasi or not. If

the land belongs to Adviasi, then it should not be purchased. 19. Agricultural land belonging to cultivators: Such land should not be purchased. Such land

should not be purchased, as collector would not allow purchase of such land. 20. Inami land: It is not advisable to buy such land. Means a holder of a personal inam and

includes any person lawfully holding under or through him. 21. N.M Permission is required for farmhouses constructed on agricultural land.

22. A non-farmer cannot buy agricultural land without approval from collector. 23. Agreement to sell

24. Power of Attorney (POA) - the authority to act for another person in specified or all legal or

financial matters 25. Deed of conveyance: This should be stamped document and duty should be paid.

A conveyance deed is a legal way of transferring legal rights of ownership of immovable

property from one person to another.

Checklist on Title Verification

The advocate to be engaged in the matter should be preferably practising in civil side who may

be expert in property title verification matters:-

1. Certified copies of 7/12 extract.

2. Certified copies of form no. 6 and 8-A

3. Copies of all mutation entries pertaining to land in question entered into record of rights

for a period of 30 years to learn history of that particular land in order to see any chance

of adverse possession. Interest of minor who is required 18 yrs to attain majority and

thereafter claim his share in the property within 12 yrs after attainment of majority

4. Reports with regard to search in the civil court –

Whether any receiver has been appointed involving the land

Any execution of decree proceeding is pending in the court involving the property

or the owner.

An injunction has been granted in connection with the property or against the

owner.

Any money suit or suit affecting a title to the property is pending in the court.

Any proceeding relating to the property is pending for realisation of arrears of

revenue, rent, local dues etc in respect of the property or against the owner.

The search report is important because section 52 of the transfer of property act provides

that during the pendency of any suit or proceedings in which any right to immovable

property be directly and specifically questioned. The property cannot be transferred or

otherwise dealt with by any party to the suit or proceedings to affect the right of any party.

Under any decree or any order which might have been issued by the civil court therein.

5. Search report from the office of the concerned police e authorities and the executive

magistrate to find out as to whether any proceedings u/s 145 of Croc is going on involving

the property or any order u/s 146 attaching the property stands issued.

6. Search report from the tahsildar’s office in order to ascertain whether any issue is

pending before him for settlement or any suo-moto inquiry has been initiated by the

tahsildar with respect to the property. This is necessary because if the land in question

stands involved in any litigation its title cannot be considered as sound and marketable.

7. Search report from the office of the land acquisition officer. A written confirmation is to

be obtained to the affect that the land is not covered under any notification for

requisition of property or acquisition of land under the land acquisition act.

8. Search report from the registration. This is required in order to discover if there is any

entry of sale or mortgage has taken place in respect of the title of the property.

9. A non- encumbrance certificate is to be obtained from the office of the sub – registrar

specifying that there is no encumbrance on the property.

10. Confirmation to the affect that the land is not prohibited for transfer under any law of

Maharashtra, which prevents fragmentation of land and encourages consolidation of

holdings.

11. Confirmation to the affect that there is no continuance of consolidation proceedings

because during consolidation proceedings there is a ban on transfer of land, execution of

award and decree etc

12. Confirmation to the affect that the land does not belong to a debtor and there is no bar

under any law of Maharashtra relating to agricultural debtor’s relief.

13. Confirmation to the affect that there is no charge on the land under Maharashtra co-

operative societies act or any other law

14. Confirmation to the affect that the land is not under any restrictions under any law

relating to ceiling area of land

15. Confirmation to the affect that the land does not belong to wakf/trust or to a member of

SC or ST In that case written no objection certificate from the collector may please be

obtained permitting the owner to transfer the land

16. Copy of map plan along with the village map and GAT book in order to ascertain

existence of public right of ways and easement existing on the land in question

17. Confirmation to the affect about complete payment of the land revenue and other

charges etc

18. On spot site inspection report confirming that there is no right of way or easement right

in actual existence because sometimes this may not be reflected in the record but found

actually in existence.

19. Implication of ULC act, Agricultural land ceiling act and other local acts

20. Prospects of getting building plans approved under Municipal laws.

21. Before executing sale deed objection should be obtained from the public at large by

giving notice in two local newspapers of repute and objections received, if any, are too

disposed of.

22. Income tax clearance is to be obtained by vendor u/s 269 of income tax, 1961.

23. RO should certify whether the subject land is free from encumbrance, authorised /

unauthorised structures, and authorised/unauthorised occupation or are any other form

of encumbrances.

Important Points

1. Selling agricultural land for non agricultural purpose –

Buyer and seller are both required to apply to sub divisional officer.

Person bonafide is required for non-agricultural purposes and then only

the permission will be granted

S.42 – Permission for non-agricultural use: No land used for agriculture use

should be used for non-agricultural purpose.

S.44 – Permission for conversion of use of land from one purpose to

another : Permission from the collector ( Consulting the planning

authority)

2. Laws related to development along roads

No development abutting EW, NH or SH are permitted without obtaining

the NOC for access to such developments.

Diversion of forest land for non – forest purpose requires permission from

central government.

a. Land owned by the SC and ST’s

Under section 36A, the land of a tribal cannot be transferred in favour of

any non-tribal without permission of state government or collector as the

case may be.

Section 42 of SC, ST act – refusal by the state authorities to recognise or

grant mutation to the purchase of a plot by the company from a person

belonging to SC.

Reasons behind this are –

i. To safeguard the interest of the members of SC & ST

ii. To see that they are not being exploited by the members of non

SC & ST

3. Procedure of buying land in Maharashtra

i. Title deed

ii. Conveyance deed/sale deed

iii. Tax receipts and bills

iv. Encumbrance certificate

v. Measuring the land

vi. Agreement

vii. Registration

4. Any person acquiring by succession, survivorship, inheritance, partition,

purchase mortgage, gift, and lease shall report orally or in writing his

acquisition of such rights to the talathi within 3 months from the date of such

acquisition.

5. Where the person acquiring the right is a minor or otherwise disqualified, his

guardian or other person having charge of his property shall make the report

to the talathi

6. According to section 8 of the Hindu Minority and Guardianship act 1956 –

Natural guardian shall not without previous permission of the court,

mortgage or charge, transfer by sale, gifts, exchange of any part of the

immovable property of the minor or lease any part for a term exceeding 5 years.

7. Compulsory service roads on National highways ( Indian Road Congress)

8. Sketch map should be given before finalising the property for the petrol

pump. The sole reason is –

Ingress and Egress – Ingress is the right to enter one’s property and

egress is the right to exit it

Annex 1 – Agreement points

1. Details of land.(Measurement)

2. Site offered should be duly developed up to the road level, prescribed road

composition. Lease for a minimum period of 30 years.

3. Hindustan Petroleum Corp Ltd will develop the retail outlet at the location.

Hindustan Petroleum Corp Ltd. will also develop additional facilities.

4. For the facilities provided by the corporation, Hindustan Petroleum Corp Ltd

will recover from the license fee. (Decided by the corporation)

5. Corporation will not be held liable for any loss or damage because of delay

that may be caused.

6. Mandatory facilities should be provided at the retail outlet –

Land with boundary and walls

Generator / Inverter

Electronic gauge for air filling

Clean drinking water.

Safety equipments for fire

7. The corporation for the dealership will decide working capital.

Working capital will carry interest.

Working capital + interest should be payable in 100 equal monthly

instalments.

8. Partner(s) should not be inducted in case of individual(s). Neither any change

in the constitution of partners.

Except spouse as per the terms and conditions of Hindustan Petroleum

Corp Ltd

9. Basic condition for the award of MS/HSD retail outlet dealership

Not be eligible for taking up any employment.

10. Initiating necessary action towards enabling registration of site where the

retail outlet is planned.

11. Demand draft of five lacs should be deposited towards security deposit.

12. The corporation in writing will notify it, after the facilities mentioned about

are made available and are ready for commissioning the dealership.

13. If the progress is not satisfactory, the offer is liable to be withdrawn.

14. Conditions are required to be fulfilled with regard of inducting a spouse as the

co-owner of dealership.

15. Letter of Intent should be automatically withdrawn and cancelled if –

You and your close relative have received letter of intent for dealership or

distributorship from Hindustan Petroleum Corp Ltd or any other oil

company.

Misrepresented/ suppressed any material facts in the application.

Found to be a convict of a criminal or an economic offence.

In case of an individual’s death

16. If not able to provide the developed, land within a specified time or fails to

fulfil the terms and conditions.

17. Letter of Intent should not be construed as a ‘firm offer’

Advocate’s Report

1. Name and address of owners of land

2. Description of land in details (North, East, west, south)

3. List of original relevant documents verified

7/12 extract

Previous 7/12 extract for the period of 30 years.

Unregistered lease deed.

Mutation entry

Map of land survey

Non-Agricultural order

4. Details of the search made in the offices

(Free from charges and encumbrances)

(verifying revenue record)

(Present property is acquired or not )

( Any pending litigation cases)

Zone certificate

5. Ownership in land revenue and holding tax receipts and payments of tax to government

and local authority

6. Spot visit and study on the report or physical measurement of the land and sketch map

made by local administration

7. Title report –

Land survey, area of land, revenue assessment

Land previously owned and possessed by

Present owners became owners and possessors of land

Land owners have sold some piece of land (If any)

Lease period is of 30 years

Convert the land for non-agricultural use and should be use for petrol pumps

As per revenue records, land is free from all charges and encumbrances

8. Defects in the title

Lease period – 30 years

Irrevocable lease deed

No defect in the lease hold title

9. Opinion of the right, title, interest and possession of the owner of the land

Said land is not restricted under any local laws for transfer to any person or

Hindustan Petroleum Corp ltd

Present land is not a subject matter of

litigation/attachment/mortgage/injunction/agreement to sale/acquisition

proceedings.

10. Stamp duty and registration charges on sale and lease deed.

Proper stamp duty is to be paid by the holder

Annex – 3 [Affidavit]

1. Landlord’s property having clear and marketable title and interest free from

encumbrances / lease/ lien / inheritance/ sale/ gift/mortgage

2. Landlord has not received any notice under land acquisition act.

3. No court receiver has been appointed

4. No execution of degree / attachment proceedings pending in the court involving

owner of the land

5. No injunction has been granted by the court

6. No proceeding is pending of realisation of arrears

7. No civil or criminal proceedings

8. No issue is pending before civil/criminal/revenue court

9. Subject land is not prohibited for transfer

10. Land is not the subject of matter of consolidation proceedings

11. Owner of land is not a debtor or an insolvent

12. Land owner shall obtain non-agricultural (NA) permission

13. No charge on the land under Maharashtra state co-operative societies

14. Land does not belong to WAKE/Trust

15. Land is free from Urban land ceiling act and also Agricultural land ceiling act

Agreement of lease (Head Lease)

1. Lessee do hereby covenant with the lessors as follows

A. Pay the rent reserved at the time and in manner aforesaid

B. Obtain and renew all necessary licenses

C. Pay all charges of gas and electricity shown by the separate meters

D. Permit the lesser and their agent to enter into and upon the demised premised premises

E. Indemnify the lesser from all claims, demands, suits, decrees and awards

F. Deliver to the lesser at the expiration or its renewal after restoring in its former condition

G. Pay and discharge all existing and future governments, municipals and other arrears

H. Any dispute with respect to the agreement will be decided by the arbitrator

2. The lesser do hereby covenant with lessee as follows

A. Lessors/lessee shall be at liberty to license, sublet or any part thereof to

Hindustan Petroleum Corp Ltd without the consent of the lessors

B. Lessee shall be at liberty to construct buildings, structures, well, tube wells and

remove the said fixture

C. Lessee shall be at liberty to display boards, advertisement boards and signs

D. Stamp duty and registration payable in respect of this agreement shall be paid by

the lessee

Transfer of Property during Pending Litigation

Section 52 of the transfer of the property act enacts the doctrine of “lis pendens”. Put

simply, it means any right to immovable property, which is the subject matter of a legal

proceeding, cannot be transferred or dealt with to defeat the right of any party to the

suit, except under the order of the court hearing the proceeding.

This is necessary because otherwise, the plaintiff’s right in every such suit would be

defeated because of the defendant transferring before the judgement or decree. The

plaintiff would then have to file another suit against the new purchaser, and repeat the

process indefinitely, because every defendant would sell to a new purchaser before the

judgement or decree. Thus, the plaintiff would never be able to succeed in his suit.

State amendments in Maharashtra as follows –

1. That the plaintiff must register a notice of pendency of such suit or proceeding,

under section 18 of the Indian registration act containing the follows :

The name and address of the owner of immovable property or other person

whose right to be immovable property is in question;

The description of the immovable property the right to which is in question

The court in which the suit or proceeding is pending

The nature and title of the suit or proceeding

The date on which the suit or proceeding was instituted

2. The bar against the transfer or alienation of the property which operates after the

notice is registered

The filling of a plaint and, appeals commences commencement of the suit – a suit and

execution proceedings are the continuation of the suit.

The rule of lis pendens does not apply to any transfer made before the filing of the suit. The

doctrine does not apply to immovable property.

List of documents followed in Madhya Pradesh

1. Original stamped Agreement to sell between seller & borrower.

2. Copies of all previous title deeds & link documents establishing chain of title up to

present seller

3. Copy of Diversion certificate

4. Khatoni 0r khatedaar documents

5. Copy of Nazul NOC (Applicable only for MC areas) (NA, if approved Building Plan has

been obtained)

6. Khasra nakal – P-II & Kisth Bandi – B-I (Applicable for Non MC areas)

7. Latest Property Tax Receipts for land

8. TCP approval for layout/colony

9 Coloniser Licence and Development Permission

10 Original own contribution receipts (if not included in Sale Deed)

11. Title clearance report from Advocate for last 13 years in detail & Search fee receipt

12 Bhu-rin Pustika (NA for the properties situated in the Municipal limits)

Over-the-counter documents:

13. Original duly stamped and registered Sale Deed in favour of borrower/s (Please note

that the value declared in the Sale Deed should be as per the value declared in the Sale

Agreement)

14. All previous Title Deeds in original

List of documents followed in Goa

1. Sale Deed/Title deed /Mother deed/Conveyance Deed

Description of Property Document: A sale deed acts as the main legal property

document for evidencing sale and transfer of ownership of property in favour of the

buyer, from the seller. Further, it also acts as the main property document for further

sale by the buyer as it establishes his proof of ownership on the property.

Normally sale deed is executed after execution of sale agreement. Sale deed confirms

that terms and conditions detailed in the sale agreement as agreed upon between the

buyer and the seller are complied. It is mandatory to register the Sale Deed in Sub

Registrar office in whose jurisdiction property is located. It is mandatory to register sale

deed within 4 months from the date of execution else you need to pay penalty or it

stands invalid.

2. RTC Extracts

Description of Property Document: the Village Accountant issues R.T.C. It contains details of the

extent of land in a survey number or a sub-survey number, the extent of kharab land therein, the names of the present and previous owners, their respective holdings and names of the tenants.

It also include details like the kind of soil/crop, any mortgages, charges made on the properties contained therein, the status of land (whether Inam land or not), the conversion order number,

date in case any property converted therein from agricultural to non-agricultural use, the references to mutation and inheritance certificates where there is any change in ownership

3. Katha Certificate and Extracts

Description of Property Document: Khata means an account and Khata is an account of a person

who has property in the city. There are two types of Khata: Khata Certificate and Khata Extract.

In different states, it is known by different names. It is an entry in record of local municipal

committee and indirectly confirms that apartment is constructed as per approved plan.

Khata certificate is required for two reasons: For registration of a new property and for transfer

of any property. Khata can be obtained from the Assistant Revenue officer (of the respective

area). This certificate is must have for any property owner.

Khata Certificate is obtained for any new registration after paying the tax. Khata certificate is

issued stating that a particular property No ‘N” is in the name of person X. This certificate is

required to apply for water connection, electricity connection, trade license and building license.

The Khata certificate is given only to the owner of the property or to his family members. No one

else can take it on his behalf.

Khata Extract is seeking details from the assessment register. The extract is required to get trade

license, or to buy a particular property. It is an extract from the assessment register about any

particular property. It has the details of the property in a particular format with the name, size of

the property, use of the property (commercial purpose, residential), annual value, when

assessed last. An extract is the only way to get these details of any property.

Amendments

Amendment to Section 63 and 63-1A of the Maharashtra Tenancy and Agricultural Lands Act

Section 63 of the Maharashtra tenancy and agricultural lands act barred transfer of

agricultural lands to Non-Agriculturist without the permission of the collector or officer

authorized by the state government.

By Maharashtra Act No. 1 of 2016 with effect from 01/01/2016, Section 63 of the MTAL

Act was amended to include a sub section and proviso. By the said amendment, the bar

for transfer of agricultural land shall not apply to land situated within the limits of a

municipal corporation or Municipal Council or within jurisdiction of special planning

authority or new town development authority. Which is constituted under Maharashtra

regional and town planning act, 1966 and land allocated to residential, commercial , and

industrial or any other non-agricultural use in the draft of final regional plan or town

planning scheme?

By this amendment, the bar contained for transfer of agricultural lands was removed in

the above cases.

Though the bar for transfer of agricultural lands came to be removed in the above cases,

provisos are added putting conditions on such transfers. The first proviso provided that

the land so transferred for Non-Agricultural use within a period of 5 years from the date

of transfer and necessary entry to that affect shall be made in the Record of rights.

The second proviso provides that the land transferred for any Non-Agricultural use

permissible in the draft for final development plan or Regional plan or Town planning

scheme, if not put to Non-Agricultural use within the period of five years from the date of

transfer.

The third proviso provides that if the land is not to Non-Agricultural use as per the first

and the second proviso, the collector shall resume the land after giving one-month notice

to defaulting transferee. The land so resumed shall vest with the government free from

all encumbrances and shall first be offered to the original landholder by way of grant on

the same tenure on which it was held by him before its transfer and at the same price at

which it had been transferred by the original landowner.

The fourth proviso provides that if the original land owner fails to accept the offer to

purchase the said land within the period of ninety days or having accepted the offer fails

to deposit the purchase price within a further period of ninety days, thee collector shall

auction the land.

The proviso also provides that the defaulting transferee shall in case the original holder

purchases the land or the land is sold in auction, the defaulting transferee shall be

entitled to compensation equal to the price at which he had purchased the land.

The fifth proviso provides that if the transferee fails to utilize the said land fully or partly

for Non-Agricultural use permissible in the draft or final development plan or Regional

plan or Town planning scheme and wants to sale the same before the expiry of ten years.

He can also do the same, with the permission of the collector, for the remaining period of

10 years.

Section 63-1A provided for transfer of Agricultural land to Non-Agriculturist for bonafide

industrial use and for special township projects, notwithstanding the bar u/s 63 of the

act. The said Amendment also provided that if on the date of the amendment, the land

was not put to bonafide industrial use, the same could be put to such use within the

remaining period of fifteen years from the date of purchase.

Comparison between the Provisions before and after the

Amendment

Section 63-1A (1)

Before Amendment – The Industrial zone of a draft or final regional plan or draft interim or final

development plan or draft or final town planning scheme. As the case may be prepared under

the Maharashtra regional and town planning act, 1966 or any other law for the time being in

force, r the agricultural zone of any such of plans or schemes and the development control

regulations or rules framed under such act or any of such laws permit industrial use of land.

After Amendment – The agricultural zone of a draft or final regional plan or draft or final town-

planning scheme. As the case may be, prepared under the Maharashtra regional and town

planning act, 1966 or any other law for the time being in force, and plans and schemes and the

development control regulations or rules framed under such act or any of such laws for the time

being in force permit industrial use of land.

First and second proviso to sub section 1

Before Amendment – If, where the total extent of such land proposed to be purchased by a

person exceeds ten hectares. He shall obtain prior permission of the development commissioner

(Industries) or any other officer authorized by the state government in this behalf, who, while

granting such permission shall consider the justification or reasonableness of the requirement of

the land proposed to be purchased with reference to the nature of the proposed bona fide

industrial use of such land.

After amendment – If, where such the purchase of land is for bonafide industrial use, it shall be

subject to the condition that such land shall be put to bonafide industrial use within a period of

five years from the date of purchase.

Section 63-1A (2)

Before Amendment – if occupant Class-II holds the land purchased, the purchaser shall in lieu of

any Nazrana or other charges, which may be payable, pay an amount equal to 2% of purchase

price in case of land purchased for integrated township project within one month of execution of

the sale deed.

After Amendment – A proviso is added that if the purchaser fails to pay such amount within 1

month then he shall pay an amount equal to 75 % of the purchase price or the market value as

per ready reckoner, whichever is higher.

Section 106 of Transfer of Property Act before

Amendment

In the absence of a contract or local law or usage to the contrary, lease of immovable

property for agricultural or manufacturing purposes shall be deemed to be a lease from

year to year, terminable, on part of either lesser or lessee. It should be given by6 months

notice expiring with the end of a year of the tenancy. A lease of immovable property for

any other purpose shall be deemed to be a lease from month to month terminable, on

the part of either lesser or lessee, by fifteen days notice expiring with the end of a month

of tenancy.

Transfer of Property (Amendment) Act 2002

1. Section 106 – Duration of certain leases in absence of written contract or local usage,

In the absence of a contract or local law or usage to the contrary, a lease of

immovable property for agricultural or manufacturing purposes shall be deemed to

be lease from year to year, terminable on the part of either lesser or lessee, by six

months notice. In addition, a lease of immovable property for any other purpose shall

be deemed to be a lease from month to month, terminable, on the part of either

lesser or lessee, by fifteen days notice.

2. Notwithstanding anything contained in any other law for the time being in force, the

period mentioned in sub-section (1) shall commence from the date of receipt of

notice.

3. A notice under sub section (1) shall not be deemed to be invalid merely because the

period mentioned therein falls short of the period specified under that subsection,

where a suit or proceeding is filed after the expiry of the period mentioned in sub-

section.

4. Every notice under sub-section (1) must be in writing, signed by or on behalf of the

person giving it. Or either be sent by post to the party who is intended to be bound by

it or be tendered or delivered personally to such party, or to on his family or servants

at his residence, or affixed to a conspicuous part of the property.