Land revenue bill returned by Karnataka Governor Passed during BJP Govt

Governor H R Bhardwaj on Wednesday returned the Karnataka Land Revenue (Second Amendment) Bill, 2012 , passed by both the Houses of the legislature in last days of BJP tenure.

The legislation was brought by inserting new section 94CC in the act with the intention of regularizing unauthorized occupation of revenue land belonging to government areas with dwelling houses constructed prior to January 1, 2012 by granting the land to unauthorized occupants after payment of small amount of fee.

Justifying the decision to return the bill, governor has said “The policy of regularization of encroachment of government land directly encourages illegal occupation of government land. This amendment will cause severe inroads into the lofty principles such as rule of law, equality before law, due to process, majesty of law, dignity of courts, inalienable fundamental rights, directive principles etc, which are enshrined in the constitution,” he said. He added that in the larger interest of the public, illegal occupation of government land has to be curbed.

Referring to Task Force for Protection of public lands headed by V Balasubramanian, Joint Legislature Committee constituted to go into the deadline of the problem of land grabbing and encroachments and also Supreme Court judgment in the case of Jaspal Singh Vs State of Punjab in January 2011, Bhardwaj in a strongly worded observation has said the amendment bill does not specifically prohibit grant/regularization of common land. “This amendment does not serve any public good or social cause, on the other hand it may lead to illegal grabbing of government land.”

Governor also observed that similar act was passed in April 1998 of regularizing the unauthorized occupation as a one time measure. “However it is not known why such lands under unauthorized occupation made prior to April 1998 could not be granted till now.”

Source: The Times of India, Bangalore

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BDA site Allotment and Denotification mishap review

BANGALORE:

Acquiring expended practically Rs 1 crore in his dream property four years ago, Srikanth Chennal came to understand that the site was not his any further. The 49-year-old structural engineer is currently coping with a nightmare.

Srikanth picked up a 50X80 sqft site in Nagadevanahalli next to Kengeri with BDA’s Visvesvaraya layout. At that time, the property expenses cost him Rs 50 lakh. Today, it’s worthy of Rs 2.4 crore. Even so, on account of denotification associated with 10 acres land associated with study amount 20 of Nagadevenahalli, Srikanth features lost his site. An extravagance condominium complex by a private builder will be on the agenda with this spot.

Srikanth will be one amongst the actual 57 allottees whoever sites are seized because of the BDA by way of denotification. “I purchased the site with combined ownership along with several other people. I’m intending to go the actual excessive court, asking the actual unlawful denotification, ” Srikanth instructed TOI.

At least 57 plots of land produced by the actual BDA have been in limbo, allegedly been snatched from the owners. Your BDA denotified a 10-acre plot of land along with conferred the actual ownership to a couple of people. Your land will be identified as ‘muffet kaval’ (literally, no cost forest land, however something quite like grazing land), along with suggests it is authorities owned or operated. Nevertheless soon after denotification, that vested the actual control along with a couple of various other people.

CM REQUESTS BDA IN ORDER TO RESURVEY

Upon May 31st, Srikanth along with a few other allottees met chief minister Siddaramaiah. “The CM seemed to be astonished if we defined the case to help him. He led the actual BDA to help resurvey the whole location that’s been denotified, ” claimed Srikanth. On the other hand, one of many scammed allottees knocked on the doorways on the excessive court, even though an additional complained to the BMTF.

REALLOTMENT TO GET COMPLETED

Even though denotifying the actual land with 2006, solely currently that they appear to have got woken up to the actual miscalculation. “The denotification took place in the past because of the local government. Most of us are unable to perform anything at all over it currently. Your BDA is in problem regarding not necessarily sharing with the site allottees along with continuing to tax on from them. That’s caused by a deficit of coordination in the BDA. I’ve granted a circular to the connected wings on the BDA to set things correct. We’ll be reallotting alternative sites to help those people whoever sites ended up denotified. Nevertheless so far, apart from Key Srikala, only 2 other applicants have got contacted us,” claimed BDA commissioner T Sham Bhat.

Asked exactly how BDA collected tax on the allottees despite denotification, Bhat claimed the actual wing performs by way of site volumes, whilst the land acquisition and denotification wing considers the survey numbers in the records. “There seemed to be no appropriate communication, ” he claimed.

Source: The Times of India, Bangalore

First TDS then Registration, Bangalore Properties

Buying property worth over Rs 50 lakh? Then pay TDS before registering it, or income tax sleuths will come knocking on your door.

The TDS (Tax Deducted at Source) kicks in from June 1 with the implementation of Section 194-IA, announced in the finance budget of 2013-14. As per this section, the buyer should provide TDS documents on transfer or sale of immovable property (mainly land or house) other than agricultural land, before registering the property. The sub-registrars act as check-posts, if such transactions take place and TDS documents are not provided. This is applicable only if the transaction is Rs 50 lakh or above.

This was made clear at a workshop organized by the IT department and the stamps and registration department, to educate sub-registrars on TDS provision on the sale of immovable property, on 11th June.

Of the total transaction, 1% is TDS and 1% is levied as stamp duty, but in case the seller doesn’t provide PAN documents or gives an invalid PAN, the buyer should deduct 20% tax instead of 1%.

S Ravi, director-general of income tax (investment), said: “Sub-registrars ensure that PAN numbers and the permanent address of the seller should be available because many a time, in case of tax evasion and property sale, the original land owner is untraceable by the department. This should be done if the land is sold via a joint development agreement. PAN should be mentioned in all transactions, applicable under this section. Sub-registrars have been sending us a lot of information of TDS collection and cases of evasion too, but now there’s a format which should be adhered to. This format makes it easy for IT sleuths to track cases.”

Inspector-general of registration and commissioner of stamps AS Saleem said: “Out of the Rs 5,260 crore revenue the stamps and registration department collected last fiscal, 60-70% was collected from Bangalore Urban alone. Another Rs 500 crore comes from optional registerable documents like shares and loan bonds. We’re also trying to levy stamp duty on imported goods.”

What the law says

Section 194-IA of Income Tax Act — payment on transfer of certain immovable property other than agricultural land states: Any person, being a transferee, responsible for paying to a resident (transferor), any sum by way of consideration for transfer of any immovable property (other than agricultural land), shall at the time of credit of such sum to the account of the transferor or at the time of payment of such sum in cash or by issue of a cheque or draft or by any other mode, whichever is earlier, deduct an amount equal to 1%of such sum as income-tax.

Note these

Who should pay TDS: buyer of the property

When it should be paid: before registering the property

Sub-registrars must note the permanent address and PAN of seller

In numbers

In 2010-11, 12,000 properties were registered across the state

In 2011-12, it was 3 lakh registrations

Source: The Times of India, Bangalore

Bangalore: BBMP strategies over a clean city

BANGALORE: From advocating the need to trifurcate Bangalore for better administration, to seeking punitive clauses to keep the city clean, outgoing BBMP commissioner Siddaiah tells TOI there is no quick-fix solution to end the garbage menace. “It pains me to see the well-dressed educated lot riding a car on the one hand and throwing garbage on the road on the other,” says the commissioner who bows out of office on May 31 after a 37-year stint as a bureaucrat.

Excerpts from an interview:
What does it feel to complete 37 years with the Indian Administrative Service?
It’s a challenge every day. There is a sense of pride in working for the city that I have grown with. I have performed my best in every task assigned to me.
You took over as BBMP chief at a time when the city was reeling under the garbage crisis. What are the lessons learnt?
I was not inevitable. There were other capable officers too. But I realized there is no quick-fix solution to clear the garbage mess in Bangalore. We must opt for punitive clauses to keep the city clean. We still see well-dressed educated persons driving a car on the one hand, and throwing a garbage bag on the road on the other. How do you explain that?
Your measures to strengthen BBMP’s financial position?
I have cracked the bogus bill scam and saved crores of rupees for BBMP. Even two days ago, I shelved unnecessary projects running into Rs 530 crore. The infamous midnight tender scam is a good example to understand what was happening in the Palike. Besides, its self-assessment scheme has been misused by many property owners. Any building over 3,000 sq ft area has to be cross-checked by the civic agency during property tax payment to confirm if the extent of tax paid is as per the measurement. There is nexus between property owners and BBMP officials. There are a number of instances where taxpayers pay commercial charges to Bescom and then pay residential tax slabs to BBMP for the same property.
You were a midnight commissioner…
It’s at night when the city unfolds its natural self. Most of the illegal cable-lying and road-cutting works happen then and we were able to check such violations. I think midnight inspections are necessary for BBMP.
Any unfinished agenda?
Though we call Bangalore an IT hub and a city of intellectuals, this hardly shows in citizens’ civic behavior. We couldn’t implement proper segregation of garbage at source due to lack of public cooperation. It’s easy to blame BBMP, but keeping the city clean is everyone’s duty.
To improve quality of life, we must divide Bangalore into three halves. Trifurcation can ensure better administration. One commissioner for 198 wards is not at all feasible. Decentralization is the key for successful administration.

Source: The Times of India, Bangalore

Brawl over BBMP employees haul services

BBMP News Update

Bruhat Bangalore Mahanagara Palike

With 100’s of (BBMP) Bruhat Bangalore Mahanagara Palike workers hitting work to dispute against Yediyur councillor N.R. Ramesh supposedly assaulting an assembly D worker, the people’ services were strike on Thursday.

The BBMP workers’ amalgamation called off the hit after directives from head D. Venkatesh Murthy and BBMP Commissioner Siddaiah. The union submitted a memorandum requesting action against the councillor to Mr. Murthy and Mr. Siddaiah.

Prior in the day, furious protesters took out a procession and scorched an effigy of the councillor on the BBMP head office campus. With a majority of agents participating in the hit, most agencies were locked and the BBMP office was dressed in a deserted gaze.

On Wednesday, Mr. Ramesh supposedly slapped assembly D employee E. Suresh five times. Mr. Suresh, who got a health certificate from Victoria clinic, filed an accusation against Mr. Ramesh with the Halasoor Gate police station.

Union president Subramanyam claimed that the employees were employed in a vitiated air. “Why should a voted into office representative assault an employee who is only discharging his duties?” he inquired and urged Mr. Murthy to initiate activity against Mr. Ramesh.

Speaking to the employees, Mr. Murthy said that it would be best for BBMP if the employees and elected representatives worked in harmony. “I have not ever arrived over such an incident. I will invite Mr. Ramesh, Mr. Suresh and union members for a dialogue to resolve the issue.”

Meantime, Mr. Siddaiah labeled the incident as “unsavory”. “This does not augur well for the BBMP as it has created unnecessary awful body-fluid. The true fact will come out after the police investigation,” he addressed.

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Things to remember before buying a property

Finding the right Property

Things to remember before going for a property hunt

 

Title Deed (Certificate of title of the land)

  • Hi people when you are planning to buy any property, first and foremost thing is what to check down the title deed of that property. A title deed is a legal document which is used to prove ownership of a piece of property. Most commonly, title deeds are used as evidence of ownership for homes and vehicles, although technically a deed of title could be issued for another form of property.
  • A typical title deed includes a description of the property in question, worded in such a way that it cannot be confused with another property, along with the name of the person who legally holds the property; multiple people can also be listed on a title deed.

E.C (Encumbrance certificate)

  • The “Encumbrance” means the charges or liabilities created on a particular property, whereby it is held as a security for any debt of its owner which has not been discharged as on date. The encumbrance certificate contains all the transactions registered relating to a particular property for a period of a time.
  • Encumbrance certificate is a document listing all the outstanding encumbrances affecting real estate. It would include such items as mortgages, liens, easements, restrictions, conditions, life estates, etc

Torence Plan

  • Torence plan is detailed plan of the property which is done by a licensed surveyor. All the measurements details in it are accurate in terms of length, width, borders etc. this plan is necessary for some specific areas only.

Pledged land

Some people may have taken loan from the bank by pledging their land.

  • Ensure that the seller has paid back all the amounts due.
  • Ask for a release certificate from the bank, which is necessary to release all the debts over the land legally.

Property Tax and receipts

  • Use the information from your current paid property tax receipt, such as your account numbers, property legal description and county information to access the website for your county tax office. There should be an option on their web page where you can request a duplicate tax receipt. There may be a charge for this duplicate property tax receipt. Some areas may have separate taxing authorities that keep individual records. You would have to contact each taxing authority separately to request a duplicate property tax receipt, such as school districts, city and utility districts.

Measurement of Property 

  • It is prudential to measure the land before registering any property. In this way you can ensure the measurements and borders of land are perfect and accurate. You should get done it with authorized surveyor as you will avoid many problems coming in future. For the sake of your knowledge you should take surveys sketch from survey department and do ensure the accuracy.

Purchase and sales agreements

  • Purchase and sales agreements are contracts used primarily for complex sales transactions like those involving real estate and business assets. These agreements differ from bills of sale in that conditions must first be met in order for the sale to be finalized. Purchase and sales agreements are sometimes known by different names, depending on the transaction and state where the sale takes place, but they are all detailed contracts outlining the conditions and terms of a financial purchase.

Property Registration

  • The land can be registered to the concerned authority, which may be the Sub-Registrar or the SDM (Sub District Magistrates) of your area. You can get title deed written from a government licensed writer or a lawyer. But the deed can only be computerized not handwritten as Land and Property Registration system has become computerized now.
  • Make sure all the details are accurate in the deed because if there is any incorrectness then you have to register secondary document with correct details and depending on incorrectness, the registration fees repeats. Make sure the deed is registered within the time limit shown in agreement.

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