During the initial document verification after booking for an apartment in North Bangalore, it was found that the following document were missing
a) Index of Land
b) Conversion sketch
On further enquiry with the builder, it was informed by the builder that the above said document is something yet to be applied and obtained from concerned authority.
In this context I would like to know,
The importance of these documents while buying an apartment?
Is it something that the builder should have mandatorily obtained and now giving a different story?
How soon can we obtain these document from respective authorities?
Asked in Property Law from Bangalore, Karnataka
I am not sure what do you mean by Index of Land as this is not available at this part of India.
If the conversion certificate is there then you can ignore the sketch.
First check whether the project is approved by any leading Bank of India or not. If yes then you can proceed to buy the land but after getting the title checked from a local lawyer.
1) In K.S.Nanji and Co., -v. - V. Jatashankar Dossa and Others, the Supreme Court observed that where the map is drawn to scale and the boundary is clearly demarcated, the Courts would be right in accepting the boundaries drawn in the map without embarking upon an attempt to correct them with reference to the revenue records. It was also observed that the map referred to in such a deed should be treated as incorporated in the deed as forming part of the deed.
2) the builder should obtain conversion sketch and his name should be reflected in index of land .
3) let th builder obtain these documents from authorities
4) we cannot say how long it will take to obtain said documents
The following list of documents required for buying a flat.
1. Sale deed (Present Title deed) in name of present seller.
2. Encumbrance Certificate from date of purchase till date
3. Latest tax receipt and electricity bill & receipt for the said flat
4. NOC from the society for sale of the flat and Share certificates issued by the society if any.
5. Mother Deed’ or parent document
6. Agreement of sale & construction executed by developer in favour of seller(Ask to produce original agreement with builder)
7. Khata certificate & extract from BBMP
8. Sanctioned building plan
9. Possession/occupancy certificate from builder
10. Joint development agreement, GPA, & Sharing/supplementary Agreement, between land owner and builder
11. Power of attorney/s if any
What you mean by index of land mean by you?
1. The index of land can be done without if the sale deed is executed in favour of the current seller. However, if the land was converted then the conversion sketch assumes significance. It will be unwise to purchase the property without the conversion sketch.
2. Tell the builder to apply and obtain the documents. A local lawyer alone can tell how soon you can obtain the documents.
Hi, Once the property has been converted from Agricultural purpose to Non-Agricultural purpose then conversion sketch is very important and it will help you to identify the exact location of the land. So it is very important.
Index of lands: Rule 104 firstly provides that the record of rights and mutations, the index of lands and the register of disputed cases will be kept in forms O, P and Q respectively.After the original preparation of the Record all later entries altering or transferring those rights are termed 'mutations'.
Rule 104 Sub-rule (2) is a very important provision. It says that prior to the preparation of the 'fair copy' of the record of rights the village accountant shall prepare a 'rough copy' of the record in the form of index of lands with all rights noted against each parcel. This sub-rule deals with the actual preparation of the record of rights and how it will be done and which officer shall do it. This Sub-rule (2) lays down the whole procedure to be followed. It contemplates in the first instance, the preparation of the rough copy of the record of rights by the village accountant.
If the subsequent mutation records are available and also conversion approval has been obtained, you may obtain the copies and take an opinion with a local advocate to proceed further.
all those documents are essential. you can obtain index of land from the revenue department. you should demand copy of the sale deed or POA and 20 years of revenue record for obtaining of index of land. you should heir a local lawyer and investigate the document.