Q.: My friend has immovable properties in the States of Karnataka, Andhra Pradesh and Madhya Pradesh. He has made a Will in respect of those properties and wants to get it registered, please clarify:
a) As to the state in which Will is to be registered
b) Can any member of the public or legal heirs of my friend obtain certified copies of the ill?
A.: (a) Your friend may get his Will registered in any sub-Registrar/District Registrar’s office anywhere in India. There is no jurisdictional restriction for registration of Will.
(b) Only, testator i.e. the person who has made the Will has right to obtain a copy of the Will during his lifetime and no one else is permitted. On the death of the testator anyone can obtain certified copy of the registered will.
Q.: I have purchased a property in Davanagare and have paid the full consideration. Is it necessary to get the sale deed registered and what are the consequences of non registration?
A.: Sale of any immovable property valued more than rupees hundred needs compulsory registration as per section 49 of Indian Registration Act 1908. The unregistered sale deed will not convey legal valid title to the purchaser.
Registration of any document will create permanent record in sub-Registrar office and has priority as evidence over unregistered document.
Q.: What are documents to be produced at the time of registration of sale deed of agricultural land?
A.: In case of purchase of agricultural lands, the following documents are required to be produced.
- Form No. 1 – 2 Nos.
- Vendor’s pani, mutation
- Purchaser’s pani
- Survey map of the land to be sold, certified by the survey department
- Affidavits 4 Nos.
- J form
The non-agricultural income of the purchaser should not exceed Rs. 2 lakhs per year as per Sec. 79-A of Karnataka Land Reforms Act 1961.
Sale of the land granted by the government is not allowed for a period of 15 years. Purchase of such properties requires no objection certificates from the Tahsildar. Similarly, sale of land granted to members of scheduled caste and tribes is not allowed.
Purchase of agricultural lands people other than agriculturists and agricultural labourers need permission from government as per section 79B of Karnataka Land Reforms Act 1961.
In case of purchase of agricultural lands by clubs, association, permission from government is mandatory as per section 109 of Karnataka land Reforms Act 1961.
Q.: I am a law student. My sister would be purchasing a house in Malleshwaram and has requested to prepare a sale deed. Can I do it?
A.: The sale deed can be prepared by the purchaser’s advocate or by a licensed deed writer. The sale deed should contain name, address and signature of the person who has prepared the sale deed.
Q.: Is there any concession on stamp duty on purchase of immovable property by educational institution to construct school buildings?
A.: 25% rebate in the stamp duty is allowed, but there is no concession in registration charges.