Draft for Discussion

LEGAL DOCUMENTATIONS

Legal Verification with Questionnaires to vendors

1) POSSESSION
NU INVESTIGATIONS REPORT
A What is the total area of
land in the possession of the
vendor?

B Are they all in his Khas

possession and also under
personal cultivation? Or
who are in actual possession
and under what rights?

C Are there any bhag chase

(@J]*Áxò Áx¥¦*l@*ì|
*l )in the property?

D Who are the person or

persons actually cultivating
the lands and the nature of
products?

E Whether any person other

than the owner cultivating
the same not being a
member of owner’s /
vendor’s family.

F Please produce paid up

Kandayam receipts for the
last 12 years, showing that
no taxes are in arrears.

G Is the property vacant or in

the occupation or habitation
of any body?
Under what rights any
habitations were found?

H Are any requisitions of the

panchayaths subsisting in
respect of the property
including notice.
Unauthorized constructions,
demolition encroachment,
etc.?

I
2) NATURE OF LAND AND DESCRIPTION
NU INVESTIGATIONS REPORT
A Survey number

B Village / hobli / taluk /

dirstict

C Wheter any irrigation

tank beside the land?

D Whether any public

drinking water source
around the land?

E Whether any reserved

forest or natural stream
around the land?

F Whether any public

path roads passing
inside the land?

G Are they situated in

irrigated or non irrigated
area?

H To which class the vendors

land whether it is A,B,C,D
as specified in schedule 1,
part A, of Karnataka land
Reforms Act. 1961
I

3) CLARIFICATIONS UNDER LAND REFORMS LAWS

NU INVESTIGATIONS REPORT
A Whether the vendor has
filed FORM No7 under
Karnataka land reforms
Act? If so please produce a
copy of the same for any
inspection. Old rent receipts
granted by zamindars are to
be produced.

B Was there any proceeding

before the land tribunal or
orders of land tribunal or
appeal over the orders of
land tribunal regarding the
property?

C Is there any notice under

section 84 of the Karnataka
land reforms Act 1961 for
failure on the part of
vendors from non
cultivation of land for two
years or more.

D If the land is begotten

as a tenant under
Karnataka land Reforms
Act? Produce the final
orders passed under section
48A by the Tribunal? Verify
with affidavit that non
alienation period of 15 years
was completed from date of
Tribunals order to specific
date. Also verify with
affidavit that there is no
appeal pending against the
orders of Tribunal in any
higher courts. Produce,
FORM No:- 10 in Rule 21 of
the Karnataka land
Reforms Rules 1962.
Whe
E Whether the land is granted
under section 77A of the
Karnataka land Reforms
Act, If so produce FORM
11ccc of the Karnataka
Land Reforms rules
provided by designated
Revenue officer as Title
deed for grant of land under
that provision.

F What is the total area of

lands in possession of the
members of the vendor’s
family? Did the same ever
exceed the maximum ceiling
limit permitted under
section 63 of the Karnataka
land reforms Act 1961 and
its amendment from time to
time. Whether the
declaration under section 66
of the Karnataka Land
reforms Act was filed. Is
there any prohibition of
alienation of holding as
under section 74 of the
Karnataka land reforms Act
1961.

G Was the land got through

the procedure laid down in
section 77 & 78 of
Karnataka land reforms Act
by ways of grant to
dispossessed or displaced
Tenant quota or landless
agricultural Labour Quota.
If so give particulars by
providing FORM 11 D of
the Karnataka Land
reforms rules.

4) OTHER PROPERTY DETAILS OF VENDORS.

NU INVESTIGATIONS REPORT
A Are there any other lands in
possession and ownership of
vendors? Please specify the
details of survey numbers,
extent, area of location
nature of land.
B IF land is owned in different
Khatas or is under joint
share give specific share in
each Khatha. If
consolidation of
holdings/acquisition
proceedings etc., is in
progress in the area whether
transfer of land is possible
under state enactments.

C
Whether any prior./hidden
charges exists against the
land, non encumbrance
should be for a period of 12
years proceeding the date of
this non encumbrance
certificate.
D

5) KANDAYAM AND OTHER DETAILS

NU INVESTIGATIONS REPORT
A Are the lands subject to any
levy? How much value of
food grains produced by
vendor during current year.
(2005-2006)

B Any proceeding in any court

in connection with the levy /
Kandayam / Tax.

C Name of the Gram

Panchayath and taxes if any
payable?

D Is there any Rent / Public

Charges / Road Cess /
Education Cess/ Irrigaiton
cess/Electricity consumption
charges / etc., regarding the
lands? Please produce
 receipts of showing the
payments upto date.

E Are any impositions or

outgoings other than the
revenue Kandayam’s
payable out of or in respect
of the said property? If so
please specify details with
upto date documents.

F Whether the land revenue

receipts in custody of vendor
are in tune with Annexure –
1, FORM 36, Rule No. 109,
of he Karnataka land
revenue rules 1966?
Whether official seal of
Taluk office is there?
Whether the vendor has
verified his khatha entries
with village accountant?
Whether the boundaries
tallies with all Documents of
title and in reality? Whether
any rectification deed is
required ?

6) LISPENDENSEY DETAILS
NU INVESTIGATIONS REPORT
A Was the land ever subjected
to any proceeding under
Karnataka land revenue Act
/ Indian easements Act /
Land acquisition Act/
Karnataka land Reforms
Act / Karnataka Inam
aboliton Act / Karnataka
Village office abolition Act
/Indian Succession Act/
Probate & Succession
Laws / Wakf Laws / and any
other personal Laws and
Public Laws, if so give
particulars.

B Did the property ever vest in

official trustee or official
assignee or official receiver
under the orders of any
 Judicial or Quasi Judicial
authority?

C Did the property was ever

affected with proceedings
under section 145 & 146 &
147 of Criminal procedure
code if so provide necessary
details? Whether vendors
were subjected to
proceedings under section
125, 82, 83 & 85 of Criminal
procedure code.

D Whether any execution

proceeding pending against
the vendor?

E Whether any suits relating

to injunction / declaration /
eviction / maintenance /
partition / debt recovery /
money claims/ pre-emption /
etc, were ever made if so
with what results? Whether
compromised? Whether
decreed? Whether pending?
Whether appeal pending? If
so provide full details.

7) TITLE TRACING
NU INVESTIGATIONS REPORT
A Was the land got through
the procedure laid down in
section 77 & 78 of
Karnataka land reforms Act
by ways of grant to
dispossessed or displaced
Tenant quota or landless
agricultural Labour Quota.
If so give particulars by
providing FORM 11 D of
the Karnataka Land
reforms rules.
B In case of transfer of land by
a member of SC & ST
whether permission of the
Revenue officer obtained?

C Is the property subject to or

affected by any trust,
Mortgage, Charge, Lease,
lien, lispendens,
Maintenance, Marriage
Expenses, Attachment or
any other encumbrance or
any right easement in favour
of any person or persons?
Any right of pre-emption in
favour of any person.?

D Whether the land in

question is previously
Gomal land ? Wakf
property/ phut kharab,
having public rights.

E Is the property subject to

any prescriptive rights of
any body?

F Whether the land is Inam

regrant lands? Whether the
regrant was made on or
after 9.5.2003? Whether the
occupancy price under
section 5(1) of Karnataka
village office abolition act
1961 was paid evidence with
receipt? Whether any
proceeding under section 7
of KVOA Act 1961 is
pending before Deputy
commissioner? Whether
there is any restriction on
transfer of property under
section 7A of KVOA act
1961.

G Whether there is any WILL

executed or WILL
registered by anscestors of
vendors.

H Whether the property

inherited through the
WILL? Whether registered
or unregistered? Whether
letter of probate obtained?
Whether as a Hindu probate
and Succession certificate
obtaining exemption
 claimed.

I Whether the inheritance of

land through WILL /GIFT
is subjected to any
conditions / onerous /
obligations /charges.

J Whether the inherited

property is held as stridhana
property?

8) DOCUMENTS
NU INVESTIGATIONS REPORT
A Produce mutation certificate
along with details of
documents quoted in it.

B Please produce paid up

Kandayam receipts for the
last 12 years, showing that
no taxes are in arrears.

C What title deeds and

documents will be handed
over to the purchaser on
completion of sale?

D Whether official death

certificates about death of
persons concerned with the
property produced?

9) OTHER IMPORTANT DISCLOSURES

NU INVESTIGATIONS REPORT
A Names of the co-shares of
the property who cannot be
prima-facie seen in
documents but exclusively
with in the knowledge of
vendors.
B Is there any defect in the
title which it is not possible
for the purchaser to
discover or ascertain by
searches and enquires but
which is or may be within
the vendor’s knowledge or
which the vendor may be in
a position to ascertain.

C Did the vendors previously

for the sale of the said
property enter into any
agreement with any other
party and was any earnest
money received? If so what
is the present position? If it
was cancelled on what
grounds? Was the earnest
money refunded? Please
produce the cancelled
agreement if any.

D If vendor is selling all his

property without having any
other property in his name
expose it.

E Whether any member of the

family was given / taken in
adoption?

F Whether there is any loan

raised by vendors for
agricultural purposes
including making land fit
for cultivation, cultivation of
land, improvement of land,
development of sources of
irrigation, raising and
harvesting crops,
horticulture, forestry,
planting and farming, cattle
breeding, animal
husbandry, dairy farming,
poultry farms, and such
other activities as are
generally carried on by
agriculturists, marketing of
agricultural products their
storage and transport and
the acquisition of
implements, vehicles and
machinery in connection
with such activity. If so
provide details.
G

10) ACQUISITIONS
NU INVESTIGATIONS REPORT
A Is the property affected by
any preliminary acquisition
notification under BDA /
Railways / Telegraph Act /
Electricity Act / Metro
Railways / BMRDA / BMP /
Panchayath schemes /
Country & town Planning
Act Schemes / ODP & CDP
Schemes / KIADB Act
schemes / either under land
acquisition Act or under
special Acts? Whether any
objections filed to
acquisition notification?
Whether final notifications
made or not or possession
taken or not? Whether
acquisition dropped? When
it is dropped/ provide details
of it along with any copies of
notices, objections & Award
notices.

B Whether the land has any

heavy electricity
transmission cable or poles
over it provide necessary
details of it.

C Whether the land has any

under ground water pipe line/
Electric Transmission cable/
Telegraph cable/ Gas pipeline /
or private water pipe line under
permission. If so specify with
details.

F
G

11) NOTICES
NU INVESTIGATIONS REPORT
A Are any requisitions of the
panchayaths subsisting in
respect of the property
including notice.
Unauthorized constructions,
demolition encroachment,
etc.?

12) MAINTENANCE
NU INVESTIGATIONS REPORT
A Whether any advertisement
inviting claims and
objections to such a sale is
made and steps taken to
make dependants
particularly the wife of the
vendor a party to the sale in
case the vendor has no other
property or properties.

B Who are the persons entitled

to maintenance against the
property under the Hindu
adoption and maintenance
Act 1956?
C Whether any suit for
maintenance touching or
concerning the property.
Any property occupied
separately in view of
maintenance.

D Are there any public rights,

easements or any restrictive
covenant affecting the
property? If so specify
details with consequences.

13) PUBLIC RIGHTS

NU INVESTIGATIONS REPORT
A Are there any public rights,
easements or any restrictive
covenant affecting the
property? If so specify
details with consequences.

B Whether the Kharab

portion of land in the
property is used for public
purpose or occupied by a
road or recognized foot path
or lines in the middle of the
land or used for a burial or
funeral ground by public or
is it a Gokatte or whether it
is cultivated by vendors by
paying his usual assessment.

H
I

14) BOUNDARIES
NU INVESTIGATIONS REPORT
A Whether there is any
disputes regarding
boundaries in the office of
surveyor? Produce
certificate from survey
office that there are no
entries in FORM No. 14 of
Rule 50 of the Karnataka
land revenue Rules 1966.

15) ANY ARREARS UNDER ANY LAW.

NU INVESTIGATIONS REPORT
A Is there any arrears of
royalties / Water rates/
cesses / charges / fees /
apremia penalties / fines
payable to state government
for use or occupation of
land or water or any
product of land or is their
any arrears to the state or
central Government under
any other law for the time
being in force which can be
recovered as an arrear of
land Revenue from
vendors? If so specify
details.
 B Investigation under Income
Tax Act 1961.
(Please investigate whether
provisions of S. 230 A and
chapter XX-C of the IT Act
1961 have been complied
with and whether any
acquisition proceedings
under S.222, chapter XX-X
have been initiated against
the immovable property, if
any acquisition proceedings
etc., are pending or have
been finalized. Please give
full details thereof along
with ht necessary
documentary evidence.
Please also advise whether
any prior permission of the
concerned assessing officer
under s-281 (1) is required
for any transfer (by way of
sale, mortgage, gift, ex-
charge or any other mode of
transfer whatsoever) of the
immovable property.
C
D
E
F
G
H
I

A SWORN STATEMENT BY THE SELLER ABOUT THE INFORMATION

PROVIDED BY HIM IN THE COURSE OF VERIFICATIONS

Affidavits required from party

a) Swearing to facts about his G-tree

b) Swearing to facts about his income whether Individual or
HUF
c) Swearing to facts about, whether he has filed his property
investment details with Income tax authorities or not
d) Swearing to facts about, EC, that he has properly verified it
personally
e) Swearing to facts, that he has not made any hand loan
arrangements with private parties.
f) Swearing to facts that there is no pending disputes or
adjudicated disputes regarding the property.
g) Swearing to facts about the nature of present possession of
the property
h) Swearing to facts that there are no members of his family
who can claim legal maintenance/partition/ charge over the
property?
Documents verified:-
Sl Description of documents Nature of Whether Comment
n document original
u verified or
otherwise
1
2
3
4
5
6
7
8
9

Summary note on each document

Sl Document Note
n
u
1
2
3
4
5
6
7
8
9

This is to certify that the questionnaires and REPORT

regarding verification of title to property is made in my presence. I
have read out all the questionnaires with legal advice to vendors by
translating it in kannada and vendors have provided with the above
answered information understanding all the relevant laws. I have
explained to vendors, the legal consequences in falsely representing
any of the above questionnaires signed by them in my presence as
above, I have prepared the required list of documents along with copy
of documents, verified and certifying copies to be the Photocopy of its
originals.

Place : Advocate signature with Seal

Date :
Name:
Enrollment Number:
Office address:
Telephone number:

WITH THE ABOVE VERIFICATION IAM OF THE

OPINION THAT VENORS TITLE TO PROPERTY IS LEGALLY
GOOD/ LEGALLY HAVING LOOPHOLES AS ENVISAGED IN
THE COMMENT ABOVE
Place : Advocate signature with Seal
Date :
Name:
Enrollment Number:
Office address:
Telephone number: