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    Land Purchase Tips From James Adhikaram MD REALUTIONZ - The No.1 Land Consultants in South India 9447464502

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    James Adhikaram
    Land Purchase Tips from James Adhikaram MD REALUTIONZ - The No.1 Land Consultants in South India 9447464502

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    Land Purchase Tips From James Adhikaram MD REALUTIONZ - The No.1 Land Consultants in South India 9447464502

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    James Adhikaram
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    Land Purchase Tips from James Adhikaram MD REALUTIONZ - The No.1 Land Consultants in South India 9447464502

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    Land Purchase Tips from James Adhikaram MD REALUTIONZ - The No.1 Land Consultants in South India 9447464502

    Copyright:

    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd
    Download as pptx, pdf, or txt
    165 views58 pages

    Land Purchase Tips From James Adhikaram MD REALUTIONZ - The No.1 Land Consultants in South India 9447464502

    Uploaded by

    James Adhikaram
    Land Purchase Tips from James Adhikaram MD REALUTIONZ - The No.1 Land Consultants in South India 9447464502

    Copyright:

    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd
    Download as pptx, pdf, or txt
    of 58

    Land Literacy Programme.

    My Land ….
    My Asset.

    A Jamesadhikaram Presentation.
    9447464502
    Successful Land Owner.

    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

    . 

    1. Pre Buying Activities.


    2. Buying Process.
    3. Post Buying Activities.
    1. PURCHASE OF LAND
    1. Pre buying activities.

    Enquiry 

    1. Land Records.
    2. Land.
    3. Seller.
    1. PURCHASE OF LAND
    1. Pre buying activities.
    1.1.1 Land Records

    1. Ownership records.
    2. Land Revenue
    Records.BTR/Thandapper/FMB
    3. 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 bank
    2. Residential/commercial plot appeared in the BTR as Nilam
    3. Pattayam – Time limit for disposal is yet to be over.
    4. Adivasi/ ST land –transaction not permitted by District Collector
    5. 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 RECORDS

    REVENUE
     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 ktm
    LSG-Panchayath
    House 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

     .
    Basic tax

     .
    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
    2
    Multiply 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 …..
    ..

    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 points
    1. 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 list

    1. 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 list

    1. 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 document
    1. 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 commission
    8. 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 is
    For pointing out the
    Boundary of your Land..
    Obtain a copy of FMB or
    sub division sketch and keep
    It 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 sketch
    Should 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.com
    2.
    . Facebook . https://www.facebook.com/jamesjoseph2011
    3. https://www.facebook.com/100063774667298
    4. 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-10726
    9217761754/
    8. https://www.facebook.com/Michabhoomi-100979434805415/
    9. https://www.facebook.com/adhikaramhr/
    10. https://www.facebook.com/Kerala-Land-Conservancy-5863455
    48669008/
    .

     .
    Thank You!!

     .

    T. JAMES JOSEPH MOB -9447464502 kottayam


    WEB- www.slideshare.net.in/mysandesham.
    Face Book -Kerala Laws on Land

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