FAQ Appeared in Real Estate Reporter – February 2006 –About Registrations

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February 2006 –About Registrations

1. The government of Karnataka issued a notification dated 2.4.2005 & 23.8…. to stop the registration for various types of properties. The High Court quashed such an order.  What is the essence of the order?

The above said notification was quashed on the ground that the Government executives have no power to issue such an order/circular ……the provision of Law passed by the Legislature.

2. Whether the Government will file an appeal against the High Court Order?

Within 90 days, the Government can file an appeal against the order.  However getting a stay order in favor of the notification is only a remote chance.

3. Whether it is possible to register the CMC property which is having Betterment charges paid receipt, khatha and Tax paid receipt, after the quashing of modification by the High Court?

Yes, it is possible to register CMC properties with a khatha and a tax paid receipt.

4. Is it possible to register a Gramatana site having Form No. 9 & 10?

Yes, it is possible to register the site.  However, it is the duty of the purchaser to look into the title before purchase of the property.  Title is the most important aspect to be verified from origin, flow and present status.  The vendor having a title can transfer the property by way of registration.  If he has a defective title he will transfer only the defective title.  It is the duty of the purchaser to look into the title through an advocate who is having specialized knowledge on property legal aspects.

5. Is it possible to register Corporation properties without conversion order?

Yes, it is possible.  Though the revenue department has imposed the condition by its aforesaid notification to register the corporation property which has fallen under the corporation area after 1951, Conversion Order is a must as per the Notification.  After quashing of the said Notification, the conversion order is no longer necessary for verifying BMP property.

6. Is it possible to register an apartment which comes under village Panchyat or a CMC?

It is not advisable to buy an apartment which falls under the Panchyat even though the registration is possible now.  But Apartment coming under CMC area can be registered without any problems.

7.Whether the release order is really necessary to register a site coming under the BMRDA approved layout?  Is it okay to register it even without a release order?

Though the site can be registered, it is always safe to insist on the release order from the developer before the registration of the same.

8. Is it possible to register the undivided share of land alone?

It is possible to register but it has to be stated in the document clearly about the undivided share of land without building.  All the supporting documents are to be produced to the registering authority for the registration of the same.

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