WOMEN’S PROPERTYRIGHTS

WOMEN’S PROPERTYRIGHTS

Advocate for Property registration, property registration, registration stamp duty,Bangalore property registration

Earlier women did not have any rights in the property and they were at the mercy of the male members of the family. Joint Hindu Family, unique institution, acted as refugee home of many women and widows and with the disappearance of the Joint Hindu Family, the plight of women worsened.

Successive governments have enacted various laws aiming at improving / conferring property rights to women. Hindu Women’s Rights to the Property Act, 1937, deals with the rights of Hindu widow, on her husband dying without making any will. In such cases, the widow or widows are entitled to the share of the property as that of a son. But, her interest in the property, Hindu Women Estate, is limited interest.

Karnataka Hindu Law Women’s Rights Act, 1933, confers limited rights in the property to any women. This limited right is called limited estate, where women do not have right to disposal of the property by sale or by will. Women had full estate rights i.e. absolute power including that of disposal by sale / will in Stridhana property. Stridhana includes ornaments, apparel, gifts received and property acquired by her savings.

The Hindu Succession Act, 1956, brought out revolutionary changes in the propertyrights of women. Section 14 of the Hindu Succession Act confers absolute rights to a female in any property possessed by female Hindu. The rights are of full nature including unfettered rights of disposal of property.

Section 14 of the Hindu Succession Act covers both movable and immovable property acquired by inheritance, devise, partition, in lieu of maintenance, arrears of maintenance, gift, property acquired by her own skill, purchase, prescription, or in any other manner and also includes Stridhana held by her before the commence of this act. This absolute right operates retrospectively, since Section 14 refers to the properties acquired before or after the commencement of the act.

Another area which was improved upon was the Co parcener’s property. Co-parcener’s property is a Hindu undivided family property. The members of Hindu Undivided property are called co-parceners who are related to the head of the family and attain the right in the property by birth. The Co parceners include relatives within four degrees including Kartha. Earlier females were not members of co-parceners hence were denied succession to the ancestral property. Many States such as Karnataka, Andhra Pradesh, Maharashtra, Tamil Nadu, Kerala etc. amended the Hindu Succession Act 1956.

Amendment to Hindu Succession Act in Karnataka came into effect on 30-07-1994. This act gives equal status to women as that of a Male. She becomes a member of Co parcenary by birth in the same manner as that of a son.

On partition of the co-parcenary property women is entitled to equal share as that of a son. The property so acquired is capable of being disposed by her through will or any other testamentary disposition.

In certain cases the ancestral house may be the co-parcenary property. Such houses are generally, wholly occupied by the members of the Joint Hindu Family. In such cases, the female member cannot force a partition of such ancestral house unless other male members in occupation of the house opt for partition. But, the unmarried daughter, a married daughter deserted or separated from her husband or a widow is entitled to a right of residence therein.

WILL AND PROBATE

                            WILLAND PROBATE

Advocate for Property registration property registration, registration stamp duty,Bangalore property registration

People have fair knowledge of will, which is defined in Section 2(h) of Indian Succession Act 1925 as “The legal declaration of intention of the testator, with respect to his property, which he desires to be carried into effect after his death”. Testator means the owner of the property who makes the Will. The intentions of testator as to how his properties are to be succeeded are detailed in Will. The devolvement of properties as directed in the Will takes place after the death of testator, otherwise called as author of Will. The Testator may also appoint some person to carry out the directions and his requests in the Will. Such a person is called executor. If the testator does not appoint any executor the competent authority, the court may appoint a person to administer the estate of the testator, who is called a administrator. The persons who are entitled to the benefits under the will are called Legatees. “Bequest under Will is not transfer of Property”

Revocationof WILL

Will is always revocable; it can be revoked following manner: Revocation by another Will or Codicil. Revocation by declaration in writing. Revocation by cancellation. Revocation by destruction; Will can be revoked ‘by burning, tearing or otherwise destroying.

Under Mohammedan law: no writing is required to make a Will Valid and no particular form; even of verbaldeclaration, is necessary as long as intention of the testator is sufficiently ascertained, and though if it is writing it does not require to be signed nor even signature and attestation, But under Mohammedan law a Mohammedan cannot dispose of more than one third of share of his property over which he has power of disposition by will. Bequest in excess of the legally One Third shares cannot take effect, unless the heirs do not consent. The remaining two third portions shall go to his heirs in share prescribed by law.

Probate

Probate is defined in Indian Succession Act, as “a copy of Will certified under the sealof a court of competent Jurisdiction with grant of administration to the estateof testator”. This is the official proof of the Will. Application for probate has to be filed under section222, and 276 of Indian Succession Act in the probate division of High Court. The Petition for grant of probate shall also be verified by at least one of the witnesses to the will if procurable. However this condition is recommendatory and not mandatory. Probate will be issued only to the executor appointed in the Will. If there is no provision for appointment of executor in the Will, the court will grant only letter of administration. The Will is considered to be a genuine one after the probate is granted by probate division of High Court. It binds not only the persons, who are the parties, but also others, who are not parties to the probate proceedings.

Section 233 of Indian Succession Act 1925 states that Probate will not be granted to minors, persons of unsound mind, to any association of Individuals unless it is a company, which satisfies the rules, conditions prescribed and published in official gazette by the State Government.

When the Will is to be probated, the original is to be deposited in the registry of the court. The court will issue a copy of the Will with a certificate of having it made out under the seal of the court. The copy issued to the executor is called probate.

If a codicil is discovered after the grant of probate a separate probate exclusively of such codicil will be granted to the executor provided the discovered codicil does not appoint another executor. Codicil is an addition to the Will; a supplement to the Will. It can be made any time after the Will is made, during the life time of testator. A codicil contains anything, which the testator wants to add, any explanation, cancellation and even cancellation of the Will. Codicil is a document that amends rather than replaces a previous executed will, and Codicil is part of main Will and needs to be executed with the same formalities as that of a will and must be proved with the Will. If the testator appoints a different executor in codicil, which is discovered subsequent to grant of probate, the probate of the Will stands cancelled. A new probate of both Will and codicil has to be granted together.

If the Will is lost or misplaced by accident and if a copy of the Will is available the probate may be granted until original Will is produced. If the Will exists and the possessor refuses to give the to give the will or the possessor is abroad, the court may grant probate on the copy of the draft Will until the original or authenticated will is produced.

The Probate of the Will is issued in common form, if not disputed and it will be in solemn form if disputed or irregular.

WhereProbate is required?

There is much confusion whether all wills execute by Hindus, Muslims, Christians, Buddhists, Sikhs, Jains require probate. Section 57 and read with section 213 of Indian Succession Act clears this confusion.

Obtaining of probate and letters of administration are mandatory to establish the right as executor or legatee as per those sections. But the application of the sections is restricted. Act specifically exempts Mohammedans and Indian Christians. Indian Christians means a native of India, who is or in good faith claims to be of unmixed Asiatic descent and who professes any form of Christian religion. In case of Hindus, Buddhists, Jains, Sikhs the provision is applicable only to the Wills made after 01.09.1870 within the territories which on the said date were subject to the Lieutenant Governor of Bengal or within the local limits of ordinary original civil jurisdiction of High Courts of Madras or Bombay and even to the Wills made outside those territories, if the immovable properties referred in Will falls within the territories mentioned above. Provision is not applicable to Wills made by Hindus, Buddhists, Sikhs, Jains outside these territories or if the immovable properties referred in will are situated outside these territories. Probate of will is must in Madars, Bombay and Calcutta. In moffusal areas it is optional.

Obtaining of probate is also applicable to Parsis, if a person executes Will and he dies after the commencement of the Indian Succession Act, within the local limits of ordinary original civil Jurisdiction of High Courts, of Calcutta, Madras, and Bombay or if the immovable properties referred in Will is situated in those territories.

As stated earlier, the probate will be granted only to the executor appointed in the Will. Such appointment may be expressed or by necessary implication. Suppose In the Will if it narrates that ‘A’ shall be the executor, and ‘B’ do not have any interest, then in such circumstance ‘A’ shall be the executor and ‘B’ does not have any interest. If several executors are appointed, the court may grant probate to all of the simultaneously or if it is not possible to grant probate simultaneously it may be granted at different times. In case where probate is granted to several executors and if anyone of the dies, the full representation of testator rests on the surviving executors. If the executor appointed renounces or does not accept to be executor, within the time limited for acceptance, the Will may be probated and letters of administration with a copy of the will annexed may be granted to person, who would be entitled to administration.

Death of Executor

The Act provides for various contingencies. If the testator who has made the Will

a)Does not appoint an executor

b)Or the appointed executor is legally incapable to act or executor died before the Will is probated.

c)Or has died after having probated the Will but before carrying out the directions of the testator.

The court may admit an universal or residuary legatee to probate the Will and letters of administration may be granted to him.

If the author of the Will bequeaths all his properties to a single person, such a person is called universal legatee. After paying all debts, charges and devolvement to legatees, as per the Will anything that remains is called residue. The testator may bestow such residue to a particular person who is called residuary legatee. In certain cases the residuary legatee may die before the properties of the testator are devolved as per will. The representative of the residuary legatee has the same right to administration as that of a residuary legatee.

The executor may be appointed for any limited purpose the relevant probate shall also be for such limited purpose.

Revocation of Probate: The grant of probate may be revoked on following grounds. A) The proceedings to obtain the grant were defective in substance. B) The grant was obtained by fraud, by making false suggestions. C) The grant was obtained by means of untrue allegation of a fact essential in point of law to justify the grant, though such allegation was made in ignorance or inadvertently.D) The grant has become useless and inoperative through circumstances. E) The person to whom the grant was made has willfully and without reasonable cause omitted to exhibit an inventory or account in accordance with prescribed law or exhibited inventory of account which is untrue in material respects. District Judges also have Jurisdiction to grant and revoke probates in all cases within his district.

PURCHASE OF PROPERTY - POST REGISTRATION ACTIVITIES

PURCHASE OF PROPERTY - POST REGISTRATION ACTIVITIES

Advocate for Property registration property registration, registration stamp duty,Bangalore property registration

Post-registration activities are the steps to be undertaken by the Purchaser after registration of the sale deed. There are certain requirements to be fulfilled in order to get valid title and to exercise ownership over the immovable property by the Purchaser.

The following are the essential activities required to be carried out by the Purchaser after registration:

1. ObtainOriginal documents:The first and the foremost activities to be performed by the Purchaser is to obtain all the original documents including link/connected documents of title from the Seller and to compare them with the Photostat copies which the Purchaser’s advocate would have scrutinized earlier.  If the Advocate calls for the other original documents or certified copies, ensure production of the same. It is always advisable to apply for Certified copies of the sale deed.

2. EncumbranceCertificates:It is also necessary to register the application for updated Encumbrance Certificate in the Sub Registrar’s Office on the day of registration itself, which shall be from the date of entering into an agreement to the date of execution of the sale deed.

3. Possession ofproperty:Physical possession of the property is of vital importance. It is advisable to inspect the property a day ahead of registration to make sure that the property is as per the sale agreement. One of the clauses to be incorporated in the sale agreement is that the Vendor shall hand over vacant possession of the property and the purchaser shall receive all the keys of the property at the time of registration.  If need be, one may change the main door lock itself.In case of vacant sites, it is necessary to put up a display board with the wordings “This property is owned by “so and so”. Tresspassers will be prosecuted.” Fencing of sites or putting up compound walls, though expensive, is preferable.  Periodical visits to the site are a must to detect any a kind of encroachment.

4. Transfer ofKhatha and Khatha extract of the property:After registration of the sale deed, the purchaser must ensure that the Khatha in the records of the local bodies like Gram Panchayat, CMC or the City Corporation is transferred in the name of the Purchaser.  For such transfer, it is necessary that both the buyer and the seller have to sign the application for transfer of Khatha, which is done simultaneously while signing the sale deed. This is necessary to avoid unnecessary disputes and complications in future.

Duly filled Khatha Transfer applications have to be presented before the concerned Office, along with a copy of the sale deed and receive necessary acknowledgement.  At the time of execution of the sale deed, the Vendor has to sign certain documents, such as:

-Khatha Transfer application

-Letter for transfer in favour of the Purchaser of Statutory deposits for electricity meter

-Letter for transfer in favour of the Purchaser of Statutory deposits for water, sanitary connections

-In case of second hand sale of apartment, letter for transfer of Apartment Membership and Corpus fund has to be obtained by the Purchaser from the seller.

The following is the procedure involved for transfer of Khatha:

-To present an application in the prescribed form in the Office of the City/Town Municipalities or Corporation having jurisdiction along with the supporting affidavit giving all particulars required in the application. In the affidavit, it is necessary to declare that the Purchaser is the present owner.

-To enclose Certified copy of the sale deed with the latest tax paid receipt of the property.

-To furnish Khatha Certificate standing in the name of the Vendor.

-The sketch showing the locality giving particulars of the ward or zone and name of the street, etc., and deposit the fee prescribed.

Local bodies transfer Khatha in the name of the Purchaser after collecting a transfer fee, which is generally 2% of stamp duty paid on the sale deed and issue written confirmation of transfer in the name of the Purchaser.  While transferring the Khatha, local bodies reassess the property and issue assessment notice in the name of the Purchaser. Further, tax paid receipt should be in the name of the new owner/Purchaser.

For the properties falling within the jurisdiction of either BMP or BBMP, Computerised Khatha Certificate and Khatha Extract will be issued. Khatha Certificate is an authenticated document to prove the ownership and possession of a particular person over the immovable property. While Khatha Extract will be issued this reflects the actual site area and built up area, if the building is existing.  Further, property tax required to be paid will also be reflected in the Khatha Extract, which will be arrived at after reassessment.

5. BuildingLicense and Plan: If you are planning to make any material alterations or propose to construct a new building on the property acquired by you, it is necessary for you to get the license and plan approved by the local body within whose jurisdiction your property falls.  This can be obtained only after depositing the prescribed fees.  In order to get the License with approved plan from the authorities, the Khatha of the property must stand in your name in the revenue records of the concerned local body and up-to-date taxes ought to have been paid.  The normal procedure for securing License with approved building plan is to obtain 10 sets of blue prints of plans from the licensed architect/building engineer.

Construction has to be commenced after the license is obtained and should be completed within 2 years from the date of obtaining the license and approved plan, which will be stipulated in the Plan itself. However, you can get an extension if the construction could not be completed within the stipulated period. Once the construction of the new building is completed, you must get such a house/building assessed afresh and pay taxes as assessed by the concerned revenue authorities.

6. Electricityconnection:  After Khatha is transferred in the name of the present owner, he has to ensure whether the statutory payments/deposits in respect of the property including the electricity charges are paid within the stipulated time.

If fresh or new electricity connection is to be obtained, it is essential to enlist the services of a Licensed Contractor.  The amount of deposit to be made depends upon the requisitioned load or number of kilowatts required.  In case the property is already serviced with the electricity connection, an application has to be presented by the Purchaser in the prescribed form before BESCOM (in Bangalore)/concerned Electricity department authority having competent jurisdiction, enclosing an affidavit declaring that you are the present owner and by filling up the particulars required in the application along with the consent letter of the previous owner for such transfer.  Subsequently, the electricity connection/meter will be transferred in the name of the present owner.

7. Water andSewage connection: The purchaser should also verify the statutory payments/deposits made by the previous owner and collect such deposit receipts from him. For fresh connections, it is desirable to enlist the services of a qualified plumber.  In case your property is already has water connection/s, then same procedure as required for change of electricity connection has to be followed.  However, the documents are to be presented before the concerned Municipal Administration authorities connected to Water and Sewage departments.

8. Corpus fundand club membership: If the Purchaser is intending to purchase an apartment, it is also necessary that the Vendor has to issue a letter for transfer of corpus fund and club membership in the name of the Purchaser.

9. Bank Loan: In case the Purchaser wants to avail Bank loan, then the Purchaser is required to deposit all the relevant title documents in original with the Bank and to obtain endorsement to that effect from the concerned Bank. However, it is advisable to keep Photostat copies of all such documents intended to be deposited with the Bank for personal records.

Thus, mere execution of the Sale Deed does not automatically confer the title in favour of the Purchaser. A person can enjoy legal and peaceful possession and enjoyment over the Property only after ensuring that the post-registration activities are fully completed and satisfactory complied with.

REGISTRATION OF PROPERTY

REGISTRATION OF PROPERTY

Advocate for Property registration property registration, registration stamp duty, Bangalore property registration

All documents do not require registration compulsorily. The Transfer of Property Act, 1882 and the Indian Registration Act, 1908 have made registration of certain documents compulsory while in respect of certain other documents it is optional. According to Section 17 of the Indian RegistrationAct, 1908 registration of documents is compulsory if they relate to an immovable property.  Similarly, Section 54 of Transfer of Property Act 1882, stipulates that sale of immovable property the value of which is one hundred rupees or more should be registered. Since no immovable property is available for rupees one hundred or less than rupees one hundred, implicitly all sale deeds of immovable property need compulsory registration.  

Most of the instruments dealing with the immovable property for creating, declaring, assigning, limiting or extinguishing any right, title or interest in the property require compulsory registration, as enumerated under the Indian Registration Act, 1908. For executing an instrument, the first and the foremost aspect to be considered is the nature of the right intended to be transferred. If the document falls within the category of the documents which warrants compulsory registration, any avoidance of registration of such document would invalidate the document itself.  For documents which require mandatory registration certain procedures are prescribed.

Time limit forregistration

Under Section 23 of the Registration Act, subject to certain exceptions, any document other than a Will has to be presented for registration within four months from the date of its execution.  Execution means signing of the document. It is not uncommon that the date of execution and the date of registration may differ. For the non-testamentary documents such as Sale Deed, Gift Deed, Mortgage Deed, etc, the time limit within which the document has to be registered is four months from the date of execution. Decrees drawn in terms of Compromise Petition wherein shares of the parties are allotted by metes and bounds require registration.

Even for registration of the court decree, four months time limit is stipulated under the Act. If the document is executed by all or any of the parties residing abroad, the same can be accepted for registration within four months from the date of receipt of the document in India. In case of doubt as to the validity of registration, the document may be re-registered within four months from the date when it is noticed that the registration is invalid or of doubtful validity. Where a document is executed by several persons at different times, it should be presented within four months from the date of the latest execution for registration. If a document is not presented for registration within the prescribed period of four months and the delay in presentation of the document does not exceed a further period of four months, then the parties can apply to the Registrar for registration of the document who may direct, upon payment of fine not exceeding ten times the actual registration fees, for registration of such a document [Sec.25].

A document relating to an immovable property can be executed out of India and later it can be presented for registration in India.  As per section 26 of the Registration Act, 1908, if a document purporting to have been executed by all or any of the parties out of India is presented within the prescribed period of time for registration, the Registering Officer may, on payment of proper registration fee accept such document for registration if he is satisfied that the instrument was executed out of India and the instrument has been presented for registration within four months after its arrival in India.

Fees of Registration

Fees charged for the registration or searching the register are prescribed by State Governments through Notifications.

Testamentary instrument

In case of Testamentary instrument, that is, Will, registration is optional and time limit is not prescribed. It can be registered any time before the death of the Testator. How-ever, it is advisable to register the same as soon as possible in order to avoid disputes about the genuineness of its execution. In case of registration of Will, the same may be presented by the Testator during his life time and after his death, by the beneficiary or the administrator, for registration.

A Will may be deposited with the Sub-Registrar in a sealed cover and such deposit may be done through an agent. After the death of the Testator, the sealed envelope will be opened and the contents recorded in the relevant register maintained in the Sub-Registrar's Office. The Original copy of the 'Will' will be in the custody of the Sub-Registrar.

JurisdictionalSub-Registrar Offices

Generally documents have to be presented for registration only at the Sub-Registrar's office within whose jurisdiction the immovable property is situated. However, in certain exceptional cases, documents may be presented for registration with the Registrar who has been conferred with the power to register the documents. In fact, Sub-Registrars have been vested with the special power to register the document at the residence or office of the executants or to accept deposit of Will.

Presentation of the document

Documents which require mandatory registration have to be presented in the concerned Sub-Registrar Office for registration by the executants or person claiming under the Decree. However, in certain cases, the representatives of the Executants, duly authorized under Power of Attorney, can also execute the same on behalf of the Executants. A power of Attorney holder can execute the document, representing the Principal only if an authority has been vested in him under Power of Attorney, which is authenticated by the Registering authority within whose jurisdiction the Principal resides. If the Principal does not reside in India, then the Power of Attorney should be executed before and authenticated by a Notary Public or any Court, Judge, Magistrate, Indian Consul or Vice-Consul or the Representative of Central Government in that country and the same is required to be presented with the concerned registrar in India with in a period of three months of its receipt in India. When a document has been executed by more than one executants and after execution of the same, one of the executants refrain from attending the concerned Sub-Registrar's Office for registration, then the remaining executants can compel attendance of the executant reluctant to be present before the registering authority through the process of law.

Enquiry by the Registeringauthority

The Registering Officer is empowered under sec. 34 of the Registration Act to enquire whether or not the person is the same by whom it purports to have been executed such a document.  He may insist on production of proof for his identity and in case any person is appearing as a representative or agent, the Registrar may ask for relevant documents to show that the agent or representative has the right to appear on behalf of his principal.    

Effect of non-registration

What would be the repercussion if a document which requires compulsory registration  is not registered? Section 49 of Indian Registration Act deals with this situation. It states clearly that such un-registered documents do not convey to the transferee a legally valid title and such documents are not admitted as evidence for any transaction affecting the property referred to in the document. However, there is an exception provided in the Act. The unregistered documents may be admitted as evidence in a suit for specific performance under Specific Relief Act or in any other related transaction, not required to be effected under a registered instrument.

Documents are mainly registered for conservation of evidence, assurance of title, and to help an intending purchaser to know if the title deeds of a particular property have been deposited with any financial institution or person for purpose of obtaining loan or advance against security of the property. Registration of documents acts as notice to the public and to protect oneself against the likely fraud. Therefore, it is advisable to register all documents connected with the immovable property irrespective of whether the registration is compulsory or not as it creates a permanent record of event which are reflected in encumbrance certificates.

As registered documents have higher value of evidence than unregistered documents it is always beneficial to you if you  get all your property documents registered within the stipulated period  irrespective of the fact that such registration is mandatory or not.

Endorsement

After accepting the document for registration, the Registering authority shall endorse the document regarding affixation of the signature of the Executant, payment of consideration, date and other relevant particulars. If registration is declined by either of the party, the same shall be endorsed on the document itself. Apart from this, the Registering authority shall also endorse on the Document the registration number, Book number, pages, volume or CD number and affix the seal of the office of the Sub-Registrar. Such a Certificate shall be copied in the Register meant for the purpose and copy of the map or plan, if any, shall be filed in Book No.1. Thereafter, the registered document will be returned to the person who has presented the same for registration or to his representatives.

RENTAL AGREEMENTS

                         RENTAL AGREEMENTS

Advocate for Property registration,property registration,registration stamp duty,Bangalore property registration

It would not be straightforward to unleash the property and be happy from legal proceeding unless there exists a properly written rental agreement. Therefore, it's higher to understand the salient options of the rental agreements before any property is unleash.

Rentalagreements within the legal word are referred to as Lease Agreements. The one who transfers the property is named the 'Lessor', and also the one who accepts the transfer of property is named the 'Lessee'.

According to section one hundred and five of the Transfer of Property Act, 1882, a lease of unmovable property may be a transfer of the correct to relish such property, created for an exact time, specific or silent, or in sempiternity, in thought of the value paid or secure, or of cash, a share of crops, service or the other factor valuable, to be rendered sporadically or on specific occasions to the transferrer by the transferee, who accepts the transfer on such terms. In short, a lease may be a transfer of a right to relish the property of the lesssor by the tenant for sure time, throughout that amount the tenant is place in possession of the property upon payment of lease cash or rent.

Elements of an honest lease

The essential components of a lease are (1) parties, (2) material, (3) terms of lease (4) thought or rent and (5) length of lease. A lease dealing involves commitment by each property owner and also the tenant that are complimentary to every different - the owner agreeing to unleash his property to the tenant in thought of the latter paying him the rent and also the tenant agreeing to pay to landlord the rent in thought of the owner permitting him to use the chartered premises. A lease is that sort of encumbrance that consists of a right to possession and use of property in hand by another person. It’s the result of separation of possession and possession.

A occupancy is made not solely by an specific contract however conjointly by implication by the conduct of parties. Acceptance of rent by the owner clearly establishes existence of occupancy. A lease of unmovable property could also be established either beneath a registered instrument or beneath an unregistered instrument. However, in cases wherever the lease is from year to year or for any term extraordinary one year or reserving a yearly rent the lease is to be created solely beneath a registered instrument of lease [Sec.107 of T.P.Act] and also the lease agreements for a amount but one year don't need registration.

One Year period

It is a typical apply to terminate the lease agreement at the top of each eleventh month and enter into a recent Lease Agreement since if the rent is paid on yearly basis or if the amount of lease exceeds one year, then it's necessary to register the lease agreement beneath sec.17(d) of the Indian Registration Act, 1908.

Contents

An agreement of lease ought to be written rigorously and properly to guard the rights of each the parties and to avoid any misunderstanding at a later date. It ought to be honest to each the proprietor (landlord) and also the tenant (tenant). It ought to invariably mention the parties name and address, description of the property, length of lease, monthly rent collectible, date of payment of monthly rent; clause for sweetening of rent on renewal of lease, quantity of interest-free refundable deposit, penalty clause just in case of default in payment of rent, liability of the tenant for damages to the property and also the fixtures and fittings, notice amount just in case of premature termination of lease; date of commencement of lease and also the date of expiration of lease; notice amount and manner during which the notice can got to be served etc.

Obligations of the proprietor

The first and foremost duty of the proprietor is to abide by the terms of the lease agreement in letter and spirit and to make sure that the tenant is allowed to relish the chartered  premises while not interference. He shall got to make sure that all the essential and civic amenities square measure provided to the chartered premises. It’s the responsibility of the proprietor to hold out major repairs to the chartered  property to form it livable  and pay municipal and different taxes due on the property. The proprietor ought to make sure that the chartered  premises isn't used for any immoral or unlawful functions nor permit storing of any venturesome and ignitable materials like explosives, etc. proprietor shall issue receipts for the earnest deposit and for the rents received by him in respect of the chartered  property. The proprietor shall refund the protection deposit received from the tenant once the lease has come back to an finish. He shall not below the belt create deductions whereas refunding the protection deposit on grounds of repair to the chartered property. The proprietor is certain to divulge heart's contents to the tenant any material defect in property with respect to its supposed use of that the previous is and latter isn't aware and that the latter couldn't with care discover. The proprietor is additionally certain on the lessee's request to place him in possession of the property.

Obligations of the tenant

During subsistence of the lease, the tenant features a right to relish the chartered premises while not interference from the proprietor or by someone on his behalf. The tenant shall payrto the proprietor the monthly rent for the chartered premises on the in agreement date. He shall conjointly pay the electricity and water bills on or before due dates to the Legal involved authorities and furnish a duplicate of the receipt received by him from such authorities to the proprietor for his records. The tenant shall perpetually keep proprietor educated concerning the additions or alterations that the chartered  premises could need to alter the proprietor to attend to such work. The tenant shall not create any structural alterations to the premises or cause damages to fixtures and fittings throughout the subsistence of the lease. The tenant is beneath a legal obligation to not use the chartered  premises for immoral or criminal functions nor for storing the venturesome and ignitible materials like explosives, etc. The tenant is beneath obligation to use the chartered  premises for self use and to not sub-let a similar unless the lease agreement features a provision for sub-letting. He shall not cause any nuisance to the co-tenants, maintain the premises in a very livable  condition, and on completion of the lease amount, get in the chartered  premises to the proprietor while not making any nuisance upon receipt of the earnest deposit. If the proprietor fails to form any repairs, at intervals cheap time when notice, the tenant could create a similar himself and deduct the expense of such repairs with interest from the rent, or otherwise recover it from the proprietor. If the tenant involves apprehend of any recovery proceedings in respect of the chartered property, or of any encroachment, or interference with the lessor's right in respect of the chartered  premises, he's certain to offer notice thence to the proprietor.

General Grievance

The following grievances are usually encountered by the tenant and also the lessor:

Non-refund of deposit

Some lessors (landlords), for obvious reasons, fail to pay back the protection deposit to the lessees (tenants) upon termination of the lease agreement or create unreasonable deductions from the protection deposit. Generally, the landlords who in the main rely on the income and who would have used the protection deposit for his or her personal wants fail to refund the protection deposit as per agreement. Thus, once the tenant problems notice indicating his intention of vacating the chartered  premises or once the lease amount expires, some landlords would begin dodging until they get the protection deposit from another new tenant. it's the common apply that tenants opt to still occupy the chartered  premises until they come back to the protection deposit since they feel that to induce back their deposit from the owner upon vacating the chartered  premises can be a tough task.

REGISTRATION PROCEDURE FOR ATTENDING AT PRIVATE RESIDENCE

Advocate for Property registration,property registration,registration stamp duty,Bangalore property registration

Karnataka registration rules 1965 has formulated procedure for attendance of the registering officer at private residence. The relevant rules are detailed in chapter 10 and under rule nos. 56 to 32.Any application for attendance at private residence shall be in writing and have to be signed by the person who requests the attendance at his residence shall be in writing and has to be signed by the person who requests the attendance at his residence.

Such letter may be presented by any person to the registering officer. The request has to be complied with as early as possible. If such attendance at private residence disturbs the regular routine of the office or requires closure of office and if the case does not fall under section31 of the Indian Registration Act, a commission may be issued, which means another person other than the registering officer may be requested to attend the private residence and complete the registration formalities.

The attendance of sub-registrar at private residence or issuing commission has to be reported to the registrar within 24 hours. The Sub-registrar shall not proceed out of his sub district for this purpose, but registrar may attend the private residence situated in his district though it may not be situated within the sub district under his immediate charge.

The commissioner appointed to attend the private residence will give evidence and the registering officer will examine the commissioner personally in his office connected with discharge of his commission and voluntary nature of admission of execution.

During the course of attendance if the registering authority has to record the admission or execution of persons not exempted from personal appearance in respect of the same document executed by a person exempted from personal appearance, the registering authority may comply with the request provided attendance fee is levied.

Section88 of the Act refers to documents, which are executed by Government officers or certain public functionaries who are exempted from personal appearance. Any officer of the government, any administrator general, official trustee or official assignee, the sheriff, receiver or registrar of High Court, any holder of such other Court, any holder of such other public office as is notified in the official Gazette of the State government are exempt from personal appearance or through their agents in connection with registration of any instrument executed by them or any document executed in their favor in their official capacity. They are also exempted from signing the document for admitting the execution as required under section58 of the Act.

When documents are forwarded by government officer with a covering letter stating that documents executed by him be registered, the covering letter will be sufficient to satisfy the genuineness of the signature of the executants. If such document is presented by a private party, who is also a party to the document, the registering authority will satisfy as to the genuineness of the signature by a brief enquiry. The fact of exemption from personal appearance and presentation of the document by covering letter will be endorsed.

Certain category of documents like copies or orders, certificates and instruments need not be presented for registration but may be sent to the registering office for filing as per section89 of the Act. In the following cases, copies have to be forwarded to the Jurisdictional registering officer under whose jurisdiction the immovable property in question is situated:

a)Every officer granting a loan under Land Improvement Loans Act 1883. Every court granting a certificate of sale of immovable property under Civil Procedure Code, 1908.

b) In case of loans under Land Improvement Loans Act 1883, details of the land to be granted as collateral security.

c) Every officer granting loan under Agriculturists Loan Act 1884 has to forward, a copy of the document whereby the immovable property is mortgaged to secure repayment of the loan and a copy of such order.

d) Every Revenue officer, who grants a certificate of sale to the purchase of immovable property sold in public auction.

The registering officer will file the copies of such orders, certificates, and instruments in book No.1. The concerned officers need not appear in person at registration office.

State Government has made rules as to the mode of making copies and manner of filing copies.