Land Related Documents

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Land Related Documents


Q. What is Khata / Patta ?


Ans: A Khata is an account of assessment of a property, recording details about the property such as size, location, built up area and so on for the purpose of payment of property tax. It is also a kind of identification of the person who is primarily liable for payment of property tax. It is one of the required documents in case you require a building licence, trade licence or loan from banks or any other financial institutions.


Q: To whom a Khata/Patta certificate is issued and why it is required?


Ans: This certificate is issued to the legal owner of the property. It is mandatory for all property owners or holders to pay tax, and hence they need a Khata. It is an important document that will also be needed in case one needs to procure a building license, trade license or a loan from bank.


Q. Who issues the Khata/Patta certificate?


Ans: The Khata certificate can be obtained from Government department like sub registrar's office at the place where the property is located.


Q: How important is Khata?


Ans: Khata is basically a supporting document of title. It is the entry of the present owner in the municipal records. The absence of khata in the name of a current owner can be rectified at any time by applying for khata transfer. Khata has become important because it is required for loans, title opinions, electricity meter name change, registration, etc. Khata is changed after a sale deed is executed or after a property is inherited through a will, gift, partition, etc


Q: What is the difference between a Khata and a Title Deed?


Ans: A khata is an account of assessment of a property for the payment of tax. The khata does not confer ownership. However, the title deed is the document through which a person derives a title or ownership of the said property


Q: What is mutation of property & when and why is it required?


Ans: Mutation is a process by which transfer / change of name takes place in the records of the Municipality office for the concerned property Mutation basically means rectification in the records of the municipal authorities replacing the name of the old owners of a property with that of the new owner. Mutation of property in the municipal/ revenue records is mainly for the purpose of payment of property taxes in the name of the new owner. Further, if the new owner intends to sell the property, it would be difficult for him to do so if the property does not stand mutated in his name.


Q: What are the documents necessary for mutation of property as I am having GPA in my name?


Ans: Generally the documents needed in this case are copies of the Power of Attorney and the Will, receipt of payment duly registered by the sub-registrar, application for mutation with requisite court fee stamp affixed on it, indemnity bond on stamp paper, affidavit and proof of payment of the last property tax due.


Q: What is meant by Encumbrance Certificate?


Ans: Encumbrance Certificate is a record showing registered transactions pertaining to a property. If mortgage, sale or any other deeds in respect of a property are registered, encumbrance certificate is issued in the prescribed Form.


Q: Why/when an encumbrance certificate is required?


Ans:The Encumbrance Certificate (EC) records details of transfer of ownership of a property in succession up to the current owner. It shows the date, names of the parties involved and amount of consideration, extent and schedule of the property. This certificate can be obtained from the sub registrar's office on payment of requisite fees for a prior period leading up to the current date, usually 15 years, 20 years or 30 years. This certificate is also useful in establishing the chain of ownership till the present owner. The certificate is issued after due verification of the relevant documents certifying that the property in question is free from all encumbrances such as mortgages, leases, easements or restrictions


Q: What is meant by a Nil Encumbrance Certificate?


Ans: If no deeds of transactions are registered in respect of a property nil encumbrance certificate is issued in Form No.16. If Certificate is issued in this form, it means that there are no registered transactions / liabilities on the property for a given period of time unregistered transactions are not included in this certificate.