LJ University - Unit 2 Land and Revenue PDF

L J UNIVERSITY L J Institute of Engineering & Technology, Ahmedabad Subject : Real Estate Practices Subject Code : 017095701 Unit 2: Land and Revenue Faculty In-charge...

L J UNIVERSITY L J Institute of Engineering & Technology, Ahmedabad Subject : Real Estate Practices Subject Code : 017095701 Unit 2: Land and Revenue Faculty In-charge Mr. Ishan Trivedi Department of Civil Engineering LJIET Email-id: [email protected]  L J UNIVERSITY Land Revenue System During Britishers Land revenue was one of the major sources of income for Britishers in India. Before independence, There were broadly three types of land revenue policies in existence during the British rule in India. The Zamindari System The Mahalwari System The Ryotwari System The basic difference in these systems was regarding the mode of payment of land revenue. 2  L J UNIVERSITY Land Revenue System During Britishers The Zamindari System Zamindari System was introduced by Cornwallis in 1793 through the Permanent Settlement Act. Under the Zamindari system, the land revenue was collected from the farmers by the intermediaries known as Zamindars. Zamindars were given instruction to pay 89% of the annual revenue to the Government/ state and were permitted to enjoy 11% of the revenue as their share. The tax was to be paid even at the time of poor yield. According to the Permanent Land revenue settlement the Zamindars were recognised as the permanent owners of the land. The Zamindars were left independent in the internal affairs of their respective districts. 3  L J UNIVERSITY Issues with The Zamindari System For the Cultivators: In villages, the cultivators found the system oppressive and exploitative as the rent they paid to the zamindar was very high while his right on the land was quite insecure. The cultivators often had to take loan to pay the rents, on failing to pay the rent, they were evicted from the land. For the Zamindars: The revenue had been fixed so high that the zamindars found it difficult to pay, and those who failed to pay the revenue lost their zamindari. The zamindars were not so keen about improving the land. As long as they could give out the land and get rent, they preferred it. For the Company: By the first decade of the 19th century, the cultivation slowly expanded and prices rose in the market. Although this meant an increase in the income of Zamindars, it was no gain for the company since it could not increase a revenue demand that had been settled permanently. 4  L J UNIVERSITY Land Revenue System During Britishers The Ryotwari System In the British territories in south India, there was a move away from the idea of Permanent Settlement. Ryotwari System was introduced by Thomas Munro in 1820. Under the Ryotwari system, the land revenue was paid by the farmers directly to the state. In this system, the Individual cultivator called Ryot had full rights regarding sale, transfer, and leasing of the land. The ryots could not be evicted from their land as long as they paid the rent. The revenue rates of the Ryotwari System were 50% where the lands were dry and 60% in irrigated land. The advantages of this system were the elimination of middlemen, who often oppressed villagers. 5  L J UNIVERSITY Issues with The Ryotwari System This system gave much power to revenue officials, whose activities were inadequately supervised. The system was dominated by the mahajans and moneylenders who granted loans to cultivators by mortgaging their land. The moneylenders exploited the cultivators and evicted them from their land in case of loan default. 6  L J UNIVERSITY Land Revenue System During Britishers The Mahalwari System By the early 19th century, the Company officials were convinced that the system of revenue had to be changed again. The revenues cannot be fixed permanently at such a time when the Company needed more money to meet its expenses of administration and trade. Mahalwari system was introduced in 1822 by Holt Mackenzie. Later, the system was reformed during the period of William Bentick (1833). This was the primary land revenue system in North-West India. The entire village (Mahal) was considered as a single unit for tax collection. The village headman or villages committee was assigned the responsibility to collect tax. Ownership rights were vested with the farmers. The revenue under the Mahalwari system was to be revised periodically and not fixed permanently 7  L J UNIVERSITY Issues with The Mahalwari System A major drawback of the system was that the survey was practically based on faulty assumptions which left a space for manipulations and corruption. At times, it made the Company spend more for the collection than the revenue collected. Consequently, the system was regarded as a failure. The desire to increase the income from land, revenue officials fixed too high a revenue demand that farmers were unable to pay. Consequently, the farmers fled the countryside and villages became deserted in many regions. 8  L J UNIVERSITY Land Reforms in Post Independence A committee, under the Chairmanship of J. C. Kumarappan was appointed to look into the problem of land. The Kumarappa Committee's report recommended comprehensive agrarian reform measures. The Land Reforms of the independent India had four components: 1. The Abolition of the Intermediaries 2. Tenancy Reforms 3. Fixing Ceilings on Landholdings 4. Consolidation of Landholdings. These were taken in phases because of the need to establish a political will for their wider acceptance of these reforms. 9  L J UNIVERSITY Land Reforms in Post Independence 1. The Abolition of the Intermediaries : After Independence The first important legislation was the abolition of the zamindari system, which removed the layer of intermediaries who stood between the cultivators and the state. It succeeded in taking away the superior rights of the zamindars over the land and weakening their economic and political power. The reform was made to strengthen the actual landholders, the cultivators. Advantages: The abolition of intermediaries made almost 2 crore tenants the owners of the land they cultivated. More lands was brought to government possession for distribution to landless farmers. The legal abolition brought the cultivators in direct contact with the government. Disadvantages: It led to large-scale eviction. Large-scale eviction, in turn, has given rise to several problems – social, economic, administrative and legal. 10  L J UNIVERSITY Land Reforms in Post Independence 2. Tenancy Reforms After passing the Zamindari Abolition Acts, the next major problem was of tenancy regulation. The rent paid by the tenants during the pre-independence period was exorbitant; between 35% and 75% of gross produce throughout India. Tenancy reforms introduced to regulate rent, provide security of tenure and confer ownership to tenants. With the enactment of legislation (early 1950s) for regulating the rent payable by the cultivators, fair rent was fixed at 20% to 25% of the gross produce level in all the states except Punjab, Haryana, Jammu and Kashmir, Tamil Nadu, and some parts of Andhra Pradesh. The reform attempted either to outlaw tenancy altogether or to regulate rents to give some security to the tenants. In West Bengal and Kerala, there was a radical restructuring of the agrarian structure that gave land rights to the tenants. However, In most of the states, these laws were never implemented very effectively. Despite repeated emphasis in the plan documents, some states could not pass legislation to confer rights of ownership to tenants. 11  L J UNIVERSITY Land Reforms in Post Independence 3. Ceilings on Landholdings The third major category of land reform laws were the Land Ceiling Acts. In simpler terms, the ceilings on landholdings referred to legally stipulating the maximum size beyond which no individual farmer or farm household could hold any land. The imposition of such a ceiling was to deter the concentration of land in the hands of a few. In 1942 the Kumarappan Committee recommended the maximum size of lands a landlord can retain. It was three times the economic holding i.e. sufficient livelihood for a family. By 1961-62, all the state governments had passed the land ceiling acts. But the ceiling limits varied from state to state. To bring uniformity across states, a new land ceiling policy was evolved in 1971. In 1972, national guidelines were issued with ceiling limits varying from region to region, depending on the kind of land, its productivity, and other such factors. It was 10-18 acres for best land, 18-27 acres for second class land and for the rest with 27-54 acres of land with a slightly higher limit in the hill and desert areas. 12  L J UNIVERSITY Land Reforms in Post Independence 3. Ceilings on Landholdings With the help of these reforms, the state was supposed to identify and take possession of surplus land (above the ceiling limit) held by each household, and redistribute it to landless families and households in other specified categories, such as SCs and STs. Issues: In most of the states these acts proved to be toothless. There were many loopholes and other strategies through which most landowners were able to escape from having their surplus land taken over by the state. While some very large estates were broken up, in most cases landowners managed to divide the land among relatives and others, including servants, in so-called ‘benami transfers’ – which allowed them to keep control over the land. In some places, some rich farmers actually divorced their wives (but continued to live with them) in order to avoid the provisions of the Land Ceiling Act, which allowed a separate share for unmarried women but not for wives. 13  L J UNIVERSITY Land Reforms in Post Independence 4. Consolidation of Landholdings Consolidation referred to reorganization/redistribution of fragmented lands into one plot. This fragmentation of land made the irrigation management tasks and personal supervision of the land plots very difficult. This led to the introduction of landholdings consolidation. Under this act, If a farmer had a few plots of land in the village, those lands were consolidated into one bigger piece of land which was done by either purchasing or exchanging the land. Almost all states except Tamil Nadu, Kerala, Manipur, Nagaland, Tripura and parts of Andhra Pradesh enacted laws for consolidation of Holdings. In Punjab and Haryana, there was compulsory consolidation of the lands, whereas in other states law provided for consolidation on voluntary basis; if the majority of the landowners agreed. 14  L J UNIVERSITY Land Reforms in Post Independence 4. Consolidation of Landholdings Advantages: It prevented the endless subdivision and fragmentation of land Holdings. It saved the time and labour of the farmers spent in irrigating and cultivating lands at different places. The reform also brought down the cost of cultivation and reduced litigation among farmers as well. Result: Due to lack of adequate political and administrative support the progress made in terms of consolidation of holding was not very satisfactory except in Punjab, Haryana and western Uttar Pradesh where the task of consolidation was accomplished. However, in these states there was a need for re-consolidation due to subsequent fragmentation of land under the increasing population pressure. Need of re-consolidation: The average holding size in 1970-71 was 2.28 hectares (Ha), which has come down to 1.08 Ha in 2015-16. The multiple subdivisions across generations have reduced even the sub divisions to a very small size. 15  L J UNIVERSITY Land Reforms in Post Independence At Present : In recent years, the government's land policy interventions have focused on the correction and computerization of land records, improving the land survey process, and improving land quality through the reclamation of degraded wasteland and forests. Land reform implementation is almost thinning out as a priority. In fact, the important policy discussions now centre on whether certain land-reform interventions should be reversed; particularly whether the land ceilings should be increased and whether tenancy restrictions should be liberalized. Marginalization of land holdings and land administration are also of major concern. 16  L J UNIVERSITY Standard Unit of Measuring Land in India Square meter and hectare are the standard units of measurement understood and used across India to facilitate smooth buying and selling of property. These area measurement units are globally accepted and included in property documents to ensure uniformity and avoid confusion while dealing across India. 17  L J UNIVERSITY Standard Unit of Measuring Land in India Traditional Unit of land measurement in Gujarat is Vigha. The size of a Vigha can vary region to region. One Vigha in South Gujarat is equal to 17,424 square feet which is 1618.7 Sqmt (16 Gutha). Where as, in Noth Gujarat (also in Ahmedabad) 1 Vigha is 2378 Sqmt (24 Gutha) 18  L J UNIVERSITY Land Details - Land Survey Number A land survey number is a unique number or ID allocated to a piece of land in a village. Each state has its own respective state authority, which issues the land survey number. The Govt. official inspects the land in detail and marks the boundaries properly. The entire process contributes to a map of the land with details about the area, size, location, ownership details, and shape of the property. The issuance of land survey numbers helps people in viewing specific property maps online. These land survey numbers are allocated by the survey department and are a part of the record-keeping process that is maintained by the revenue official administration. Each state has created its portal where one can check their land survey number or can find land details using survey numbers. In Gujarat, Gujarat Revenue Department’s website for online Land Records is https://anyror.gujarat.gov.in/ Government Records 7/12, 8A Utara & 6 Entry Details Provides information of Ownership, Shape, Area, Khata Number, Boja/Charges,Tenure Type and Past/ongoing activity details. 19  L J UNIVERSITY Land Details VF7 – Village Form 7 contains the details of the survey number VF12 – Village Form 12 contains Agricultural details VF6 –Village Form 6 contains the entry details of the land records VF8A – It is called Village Form 8A which covers the Khata details of the landowners What is 7/12 or ROR? A Saat Baar or Record of Rights (ROR) is a single piece of document that contains all the necessary details of a land parcel including extent, ownership, and encumbrance in early days In Gujarat state VF 7 and VF 12 issued separately. The structure of the document and the information contained varies from one state to the other. It helps an individual claim his right to the property when challenged. The ROR document is also commonly known as Revenue Records as it includes tax registers for the collection of revenue from land. It is maintained with the different officers at different levels. 20  L J UNIVERSITY Land Details Typically, a 7/12 or ROR includes the below information: Location of the land The extent of the land inclusive of the total area Name of all the persons who have acquired rights in the said land The nature and limits of each person’s rights and liabilities in the land Encumbrances created on the land if any Classification of land as a fragment Other classification and reservations on the land If the land is used for agricultural activities, details of the same including information about Rabi and Kharif crops Details of charges of attachment and decrees under the order of the civil court or revenue authorities Income generated from the land 21  L J UNIVERSITY Real Estate Terminologies Land Related: NA Land (Non-Agricultural Land): Land that has been converted from agricultural to non-agricultural use, making it suitable for residential or commercial development. 7/12 Extract (Satbar Utara): A crucial land record document in Gujarat that provides information on ownership, area, type of cultivation, and other details of the land. N.A. Permission: Permission granted by the Collector's office to convert agricultural land into non- agricultural land. Jantri: The government-prescribed minimum price or guideline value of land, used for stamp duty calculation. Revenue Survey Number: A unique number assigned to a piece of land for identification in revenue records. 22  L J UNIVERSITY Real Estate Terminologies Development Terms: BU Permission (Building Use Permission): Approval from the local authority that allows the occupation of a building after construction, ensuring that it adheres to approved plans and regulations. F.S.I (Floor Space Index): The ratio of the total floor area of a building to the area of the plot, which governs how much can be built on a specific plot of land. T.P. Scheme (Town Planning Scheme): A scheme under the Gujarat Town Planning and Urban Development Act, which involves reorganization and development of land in urban areas. GDCR (General Development Control Regulations): A set of regulations governing the development of land and construction of buildings in Gujarat. NOC (No Objection Certificate): A certificate issued by authorities or individuals indicating that they have no objection to the transaction or development. Zoning: Classification of land by the government into different zones like residential, commercial, industrial, etc., based on intended use. 23  L J UNIVERSITY Real Estate Terminologies Transaction and Financing Terms: Agreement to Sell: A preliminary contract between the buyer and seller outlining the terms and conditions of the sale, to be followed by a formal sale deed. Power of Attorney (PoA): A legal document allowing one person to act on behalf of another in property transactions. Stamp Duty : Stamp duty is a government charge imposed on legal documents, typically involved in the transfer of assets or property. 24  L J UNIVERSITY Types of Land Tenure Land tenure refers to the way in which land is held by an individual from the Government. It shows the relationships between the land holder and the State. The absolute ownership of land rests with the Government. Government gives proprietary rights to individuals or communities. Thus, whom we call a land owner, is in that sense is the proprietor of that land. PRSP (Pratibandhit Satta Prakar) New Tenure / Navi Sharat (means the land actually belong to the Government, and the land has been deemed purchased by the Occupier / Agriculturist under the provisions of Bombay Tenancy & Agricultural Land Act) Old Tenure (Premium Payable) / Juni Sharat Premium Patra (After 15 years of Holding) Old Tenure / Juni Sharat (means the land which is of the actual ownership of the person shown in the title records) 25  L J UNIVERSITY Land Details > Use of AnyRoR Visit the official website of the Gujarat revenue department’s Land Records Website https://anyror.gujarat.gov.in/ , Then Click on “View Land Record – Rural” Tab 26  L J UNIVERSITY Select Appropriate Option 27  L J UNIVERSITY Select VF-7 for Survey No Detail. Then Select District, Taluka, Village & Survey Number and Enter Given Code. Click on Get Record Detail. 28  L J UNIVERSITY 7/12 Jarayat or Ghasiyo khetar – in this type of land there is no specific crops grown and after rain grass may come. Bagayat: trees like mango, Chiku & great fertility; Kayari: pak are observed i.e. wheat, makai, jawar etc, farming using kayari 29 in farm.  L J UNIVERSITY Select VF - 8A for Khata Detail. 30  L J UNIVERSITY Select District, Taluka, Village & Khata Number, Enter Given Code and Click on Get Record Detail 31  L J UNIVERSITY 8A Khata Details 32  L J UNIVERSITY Select VF - 6 for Entry Details. 33  L J UNIVERSITY Various types of mutation entry Mutation refers to those records that reflect any changes in the property titles. 35 different mutation entries are: (Kami Jasti Patrak) https://revenuedepartment.gujarat.gov.in/transformation-of-processes 34  L J UNIVERSITY 6 – Entry Details 35 L J UNIVERSITY 36 L J UNIVERSITY 37  L J UNIVERSITY Kachi Entry 38 L J UNIVERSITY 39 L J UNIVERSITY 40 L J UNIVERSITY 41  L J UNIVERSITY Land Location 42  L J UNIVERSITY Jantri Value & Market Value What is the difference between jantri rate and market rate? Jantri rates are the government fixed rates of property below which it can’t be registered in the government records. Also Known as Circle Rates / ready reckoner rate or collector rate. Markets rates are the prevalent rates at which properties of similar type are being bought and sold in a particular market. This is the fair price that the property should fetch at a particular time. It can be calculated by dividing the average selling price for similar properties in the locality with the size of the property under evaluation. 43  L J UNIVERSITY Importance of Jantri rate The Stamp duty and registration charges in are calculated based on the jantri rate value of the property in Gujarat. If the property is sold at a price lower than the Jantri rate, the difference is considered as black money and may attract penalties and legal consequences. The central government Income tax considers Jantri rates, Gujarat, when calculating capital gains tax. Jantri Rates are used in including obtaining a bank loan and serving as a surety and when increasing the credit limit of a specific loan borrowed. 44  L J UNIVERSITY Jantri Value in Gujarat The Gujarat state government is responsible for revising the jantri rate periodically and these rates are different for each area in the state. The revised jantri rates in Gujarat came into effect from April 15, 2023, a move that would increase the cost of property in the central-west Indian state by up to 20%. The state has increased the jantri rates after a gap of 12 years ─ Gujarat last revised the jantri rate in 2011. Jantri rates vary from one place to another and one property to another, market valuation, demand for immovable Property in the area, depending on the structure type, the infrastructure around it and the maintenance. 45  L J UNIVERSITY Types of Jantri 46  L J UNIVERSITY Factors affecting Jantri Value Jantri is Calculated by Gujarat Revenue Department considering various factors that includes : 1. Type of Property 2. Infrastructure Offered 3. Age of the Property 4. Market Value 5. Location 47  L J UNIVERSITY Jantri Rates 2023 Jantri Value of 2023 = Property Type X times of Jantri Value of 2011 Jantri calculation of land (only land – Agri or NA) 2 Jantri calculation of buildings/ constructed property 1.5 (only building) Land + Residential – 1.8 Jantri calculation of land + buildings Land + office – 1.5 Land + Shop - 2 Jantri calculation of residential buildings 1.5 (Apartments) 48  L J UNIVERSITY How to Check Jantri Rates Online ? Gujarat Revenue Department - Website Garvi Gujarat – Website My Estate Point - Mobile Application The Jantri Rate Gujarat – Mobile Application 49  L J UNIVERSITY STEP 1 : Visit the official website of the Gujarat revenue department, Click on Jantri https://revenuedepartment.gujarat.gov.in/home 50  L J UNIVERSITY STEP 2 : Click on the ‘View latest Jantri’ option 51  L J UNIVERSITY STEP 3 : Select the district from the map , select suitable option to get jantri value of 2011. 52  L J UNIVERSITY STEP 4 : on the right click on the “Jantri Guideline 2023” – refer the guideline to calculate Jantri Value of 2023. 53 L J UNIVERSITY 54  L J UNIVERSITY Important Reference Documents Rural Land Where to find ? 7/12 or Property Card Online : AnyRoR Website Original Copy : Collector Office 8a Utara Online Application : Gujarat Revenue Department Website NA certificate Original Copy : Collector Office Online : My Estate Point – Mob Application Village Map /DILR certified Map Original Copy : DILR office / Jilla mojani bhavan Online : Gujarat Revenue Department Website My Estate Point – Mob Application Jantri Rate Garvi Gujarat Website Original Copy : Concerned Sub registrar office 55  L J UNIVERSITY Important Reference Documents 7/12 & 8A Utara Copies are available on AnyRoR Website (https://anyror.gujarat.gov.in/) 56  L J UNIVERSITY Important Reference Documents Apply for NA online on Gujarat Revenue Department Website (https://revenuedepartment.gujarat.gov.in/) 57  L J UNIVERSITY Important Reference Documents Jantri Rate on Gujarat Revenue Department Website (https://revenuedepartment.gujarat.gov.in/) 58  L J UNIVERSITY Important Reference Documents Village / Revenue Map & Jantri Rate Available on My Estate Point Mobile Application 59  L J UNIVERSITY Exercise 1 Village : Khatraj (Kalol – Gandhinagar) Find Out Details Of Old Survey No.25 Location Ownership Details Current Jantri Value Of The Land Total Land Owned By This Owner/Owners 60  L J UNIVERSITY Exercise 2 Check commercial Jantri value of Ahmedabad Memnagar Final TPS No 1 FP No. 145 61  L J UNIVERSITY Rural Land Acquisition Agricultural land is land that is generally used for farming or farming purposes. For many people buying a piece of land is the first step to building a house. Therefore, it is important to verify that the land has a clear and marketable title to avoid falling into legal disputes. While purchasing agricultural land in India, one has to validate that there is no dispute and the registration process has to be hassle-free. Methods for purchasing agricultural land vary from state to state. Therefore, one should be aware of the rules before purchasing agricultural land. 62  L J UNIVERSITY State wise Land Laws State Land laws Kerala Anyone except NRIs can purchase agricultural land For an adult unmarried or an only surviving member of the family, the ceiling limit is 7.5 acres For a family of two to five persons, the ceiling limit is 15 acres For a family of over five, the ceiling limit is 20 acres Maharashtra Only farmers can buy agricultural land If one of the parents or grandparents is a farmer, the person is also deemed a farmer In addition to any other agricultural land anywhere in India, the person can purchase it in the said state Maximum of 54 acres of agricultural land can be purchased Gujarat Only an agriculturalist can purchase such land Only Gujarat farmer can invest in agricultural land in Gujarat A family unit can purchase at most 54 acres of Class K land (dry and non-irrigated land) 63  L J UNIVERSITY Agriculture Land Purchase Steps Check Land Records Land Use & Zoning On Site Survey Preparation of Legal Documents Receive Necessary Approvals Land Conversion if Required SOURCES: Based on Private Practice at Parikh Infracon 64  L J UNIVERSITY Agriculture Land Purchase Steps Land Records : 7/12 & 8A Utara Provides important information of proof of ownership, Tenure type, Past dispute, litigation, court orders, assessment details & financial dues etc. The 8A certificate & 7/12 certificate is required for loan application. Land use & Zoning : Land use & Zoning is how the local government regulates and develops land within its control. Zoning will restrict the use of the property. It may also set standards in the size, height and placement of the building and any other construction in the location. If the zoning does not permit a particular use, it won’t be possible. On Site Survey : On site survey is important to check actual occupation, physical nature of land and the description of record. It specifies the location of physical improvements in relation to the property lines or draws attention to problem areas. Legal Documents : Title Deed, Power of Attorney, Encumbrance Certificate (Proof that property is free from any encumbrances such as mortgages, loans, or legal disputes), Sale Deed Necessary Approvals : Payment of Premium if applicable, Encumbrance Certificate, Tax receipts & bills clearence from Local Authority, Stamp Duty & Registration Charges Payment Land Conversion : Application for Land Conversion if required 65  L J UNIVERSITY Land Data & Records in India - Rural 7/12 or Property Village Map – Spatial Record / On Site Survey Verify details as below - Verify details as below - Block / Survey Number Adjoining Road / Naliya Road / Cart Road Canal / Lake / Other Waterbody Tenure / Satta Prakar Electric lines Village, Taluka, District Gas lines Jarayat & Kharaba Railway lines Khata Number Shape of the Survey Number Boja / Charges 66  L J UNIVERSITY New tenure to Old Tenure or NA An Old Tenure land can be alienated to an Agriculturist without any conversion or without taking any permission from the Collector. A straight away conveyance can be effected. A New Tenure land CANNOT be sold to any person, without first obtaining permission from the Collector. An application has to be first made to convert the land from New Tenure to Old Tenure for Agricultural / Non Agricultural (NA) Purpose, by paying a premium of 40% of the OLD Jantri Rate or 30% of New Jantri to the State Government. Moreover, there are several condition-precedent which have to be followed in order to get the permission from the Collector. Premium Order from Collector (Time frame) 35 to 45 days 67  L J UNIVERSITY Land Data & Records in India - Rural DILR (District Inspector Land Records) certified Map Verify details as below - Possession Boundary Record Boundary Superimposed boundaries to verify differences 68  L J UNIVERSITY NA Conversion Purpose of Conversion Residential Commercial Industrial Mixed-use Premium for conversion The premium payable for conversion of agricultural lands will be based on the Jantri of land. The rate of premium for obtaining permission is 40% of the OLD Jantri Rate or 30% of New Jantri. Time frame 35 to 45 Days 69  L J UNIVERSITY Documents Needed for Agriculture Land Purchase 1. The title deed of the land The title of the property shows the name of the seller and also checks whether the seller has the full right to sell the land. To check that the seller is not allowed to access another through this property, the originally submitted documents and prior deeds must be examined by an attorney. When more than one person owns the property, it is necessary to have a certificate issued by the other respondents concerned before the documents can be registered. Once the sale is completed, the buyer must check if his name is reflecting in the official village records. 2. Measuring the land A recognized surveyor can ensure that the measurement of land and its boundaries are accurate and as indicated in the title certificate. 3. Encumbrance Certificate This document can be obtained from the sub-registrar’s office and is valid proof that indicates that the land has no legal obligations or complaints. 4. Tax receipts and bills The buyer should check the latest property tax paid bills and can ask for the same in the concerned offices. The buyer should also make sure that notices or requests related to the property are not outstanding. Water, electricity, or any other bills, should be up-to-date. 70  L J UNIVERSITY Documents Needed for Agriculture Land Purchase 5. Sale agreement Under a lawyer, the seller, and buyer drafts and signs a written agreement after verification of all the documents that state the cost, advance payment made and the time or period of the sale, etc. It promises the transfer of the property once the transaction is complete. 6. Stamp duty Stamp duties are government tax and vary from state to state. The payment of stamp duty is a legal instrument and can be accepted as evidence in court. 7. Registration A document signed by both parties is recorded at the Registrar’s Office, stating the transfer of the property in the buyer’s name within 4-months of the date of the execution of the document. House tax receipts, an original title deed, and previous deeds in the presence of two witnesses are mandatory at the time of registration. 8. Conveyance deed/Sale deed of the land The sale deed is a document transferring the name from the seller to the buyer. In this document, you will find ownership of property, location of the property, and information such as area measurements, boundary information, etc. 71  L J UNIVERSITY Documents Needed for Agriculture Land Purchase 9. Changing the title of the land Once entire legal procedures are completed, the name of the new owner of the property is added to the Village Office records. An application with a copy of the registered deed can be made to the village office. 10. Power of attorney NRIs may not purchase agricultural land themselves, but they can sell the land inherited by them. A power of attorney should be bestowed on an authorized trustworthy third party who would act on behalf of the seller. The document should be recognized and signed by an officer of the Indian embassy, where the seller resides. 72  L J UNIVERSITY Stamp Duty & Registration Charges Stamp Duty in Gujarat The basic rate of stamp duty 3.5% Surcharge @40% on basic rate 1.4% Total stamp duty charges 4.9% 73  L J UNIVERSITY City Survey Property Card Registered 74  L J UNIVERSITY City Survey Property Card Registered Ward No City Survey No TP No FP No Area Type of Tenure Neighbour Rights Owner 75  L J UNIVERSITY Tunkaxari 76  L J UNIVERSITY Thank You 77