Mortgage By DEPOSIT OF TITLE DEED

DEPOSIT OF TITLE DEED

This memorandum relating to Deposit of title deeds is executed on ________ day

of          ______________            month           of           _____________            year            by

Sri./Smt.__________________________, S/o./ W/o.____________________________, occupation____________________, and

aged __________ years, residing at_________________________________ herein after called the MORTGAGOR.

In favour of

Sri./Smt.__________________________S/o./W/o.________________________

_, occupation____________________, aged __________ years, residing at_____________________________________________Herein referred to as the MORTGAGEE.

Whereas, the term Mortgagor and Mortgagee, unless repugnant to the context shall mean and include their representatives heirs, successors, executors, administrators, trustees, legal representatives and assigns.

Whereas, the Mortgagor herein, is the sole and absolute owner of immovable property  bearing No.___________ known as _____________________ situated at morefully described in the schedule hereunder written and herein after called the schedule-A property.

Whereas, the Mortgagor is the absolute owner, having acquired the property, by

____________________  and since then Mortgagor has been in possession and

enjoyment of the schedule-A property and paying taxes and levies thereon, as sole and absolute owner thereof.

Whereas the Mortgagee has agreed to advance to the Mortgagor a sum of Rs.___________ (Rupees__________________only). The receipt whereof will be acknowledged by the Mortgagor under vouchers separately passed by him.

NOW IN CONSIDERATION OF SUCH ADVANCE MADE OR TO BE MADE and for securing repayment thereof with interest thereon at ______________

percent per annum from the date of such advance. The said Mortgagor has this______ day and be secured by way of deposit title deeds described in schedule-B referred to the property denoted in schedule-A hereto and it has been

agreed that the security deposit of title deeds be by the way of equitable deposit of title deeds documents pertaining to his title to the scheduled-A property in the place _________ a notified under Section 58(f) of the Transfer of Property Act, 1882 for repayment of the amounts becoming due together with any lawful charges, costs and expenses that may be incurred.

SCHEDULE-A

All the piece and parcel of immovable property  bearing No.____________ Measuring _______________

Bounded by: -

On the East

On the West

On the South

On the North

SCHEDULE-B

List of documents deposited with the Mortgagee;

1 .

2 .

3 .

4 .

5 .

6.   etc.

The Stamp duty is paid as per Article 6 (1) of the Schedule to the Karnataka Stamp Act, 1957.

IN WITNESS WHEREOF the Mortgagor has put his hand the day and year first hereunder written.

WITNESSES:
1.	MORTGAGOR
2.	MORTGAGEE

AGREEMENT FOR SALE Format Model

AGREEMENT FOR SALE

THIS AGREEMENT FOR SALE is made and executed on this _______ day of ___________month of _____________ year at ___________

BETWEEN Smt./Sri.___________W/o. / Sri._______aged    _____    years     residing    at    __________hereinafter called the “SELLER” (which expression shall mean and include her legal heirs, successors, successors-in-interest, executors, administrators, legal representatives, attorneys and assigns) of ONE PART.

AND

Smt./Sri.__________________________ W/o. / Sri.______________ aged _____ years residing at ___________________________________ hereinafter called the “PURCHASER” (represented by his _____________ as power of attorney holder) which expression shall mean and include his heirs, successors, executors, administrators, legal representatives, attorneys and assigns) of the OTHER PART.

WHERE AS THE SELLER is the absolute owner in possession and enjoyment of the residential / Commercial property bearing No.______________________

measuring East to West _____ feet and North to South _____ feet which is more fully described in the schedule hereunder and hereafter called the

“SCHEDULE PROPERTY”.

WHERE AS the schedule property is the self acquired property of Sri.______________ vide registered Sale deed bearing No.________ Volume No.______ Page _____ to ______ dated ________ registered at Sub-Registrar’s Office, _________________. He having acquired the same without any aid or assistance from his family of any quarters/ built the schedule property entirely with his own earnings.

WHEREAS said Smt./Sri._____________________ bequeathed the entire schedule property in favour of SELLER _________________ a will dated

________ / a registered will bearing No._________ Book III, Volume ____ Page_____ to _____ dated ___________ registered at Sub-Registrar Office,___________________.

WHEREAS there are no encumbrances, liens, charges, Government dues, attachments, acquisition, or requisition, proceedings and whereas the SELLER has clear and marketable title to the Schedule Property and he/she has absolute power to convey the same.

WHEREAS   the    SELLER   being    in    need   of    funds   for    the   purpose    of

__________________________________________________________________ has decided to sell the schedule property after obtaining consent of his wife/her husband, sons and daughters.

WHEREAS the SELLER offered to sell and transfer the schedule property to the

PURCHASER        for          a          sale          consideration          of          Rs.____________

(Rupees_________________ only) and the PURCHASER herein has agreed to purchase the same for the aforesaid consideration on the following terms and conditions:

NOW THIS AGREEMENT WITNESSETH AS FOLLOWS:

1.   The   Sale   Value   of   the   Schedule   Property   is   fixed   at   Rs.___________

(Rupees_____________________only).

2.   The         PURCHASER         has         paid         a         sum          of         Rs.___________

(Rupees_____________________only) by cash/cheque/D.D. bearing No.____________ drawn on __________ dated ________ as advance, the receipt of which sum the SELLER does hereby acknowledges.

3.   The                      balance                      payment                      of                      Rs.___________

(Rupees_____________________only) will be paid by the PURCHASER to the SELLER at the time of execution of the Absolute Sale Deed and thus complete the Sale transaction.

4.   The parties herein covenant to complete the Sale transaction and to execute the Absolute Sale Deed by the end of_________________.

5.   The SELLER confirms with the PURCHASER that he/she has not entered into any agreement for sale, mortgage or exchange whatsoever with any other person relating to the Schedule Property of this Agreement.

6.   SELLER agrees to put the purchaser in absolute and vacant possession of the schedule property after executing the sale deed and registering the same in the jurisdictional Sub-Registrar’s office.

7.   The SELLER covenants with the purchaser that he/she shall not do any act, deed or thing creating any charge, lien or encumbrance in respect of the schedule property during the subsistence of this Agreement.

8.   The SELLER has specifically agreed and covenants with the PURCHASER that he/she shall do all acts, deeds and things which are necessary and requisite to convey absolute and marketable title in respect of the schedule property in favour of the PURCHASER or his nominee.

9.   IT IS AGREED between the parties that all expenses towards Stamp Duty and Registration charges shall be borne by the PURCHASER only.

10.  The SELLER covenant to obtain at her cost necessary permission from the competent Authority, Income Tax Clearance Certificate and such other Certificate / Document as may be required at the time of Registration of Sale Deed in pursuance of this Agreement.

11.  The PURCHASER shall have the right to nominate or assign his right under this agreement to any person / persons of his choice and the SELLER shall execute the Sale Deed as per terms and conditions of this Agreement in favour of the PURCHASER or his nominee or assignee.

12.  The SELLER has agreed to get consent deed duly executed to this Sale transaction from his wife/her husband, sons and daughters on or before date of registration of Sale Deed and assured that they all join to execute sale deed in favour of the purchaser.

13.  It is hereby expressly provided and agreed by the parties here to that both parties are entitled to enforce specific performance of the agreement against each other in case of breach of any conditions mentioned in this Agreement.

14.  The original of the “AGREEMENT” signed by both the parties shall be with the PURCHASER and copy of the same similarly signed shall be with the

SELLER.

SCHEDULE

All the piece and parcel of  ___________ property bearing No.____________

situated at ___________________________________ measuring East to West

________ feet (_________ feet) and North to South _______ feet (___________feet) in all ___________ sq.ft. or ___________sq.mtrs. and bounded on:

NORTH	:	By _______________
SOUTH	:	By _______________
EAST	:	By _______________
WEST	:	By _______________
Details of the Building:

i)                  Plinth area of the building

ii)                Type of Roof.

iii)              Type of flouring.

iv)              Type of wood used.

v)                Amenities available.

vi)              Year of construction.

4

e-SWATHU in Karnataka

1. What is Form-9?

Answer: Form-9 is a document issued by the Gram Panchayat for non-agricultural properties in its jurisdiction as per Karnataka Panchayat Raj (Grama Panchayat Budgeting and Accounting) Rules 2006, Amendment Rules 2013 mentioned under Rule 28. Gram Panchayats can issue Form 9 only for properties that are- a) duly converted as per the provisions under of the Karnataka Land Revenue Act,1964 by the respective Revenue Department Office and also have approved plans sanctioned as per the Town and Country Planning Act and other related enactments by the respective Urban Development Department Plan sanctioning office. b) For the Basava, Ambedkar and Indira Awaas Yojana Government housing scheme beneficiaries as per the Housing Department circular dated 30.01.2012 bearing number HD 55 HAS 2011. c) For properties which are attested by the Tahsildar through a sketch certifying the location as located within the Gramathana of the village as per Revenue Department circular bearing No. RD 174 MUNOMU 2005 dated 23.08.2005 and bearing No. RD 146 ASD 2013 dated 14.06.2013.

2. What is Form-11?

Answer: Form-11 is a document issued by the Gram Panchayat for non-agricultural properties in its jurisdiction as per Karnataka Panchayat Raj (Grama Panchayat Budgeting and Accounting) Rules 2006, Amendment Rules 2013 mentioned under Rule 30. Form-11 register is also called as Register of Demand, Collection and Balance of land and building.

3. What for form-9 and form-11 are used?

Answer: For the Gram Panchayats Form Number 9 and 11 are essentially instruments for property tax collection. Gram Panchayats are local civic bodies and and are authorised as per section 199 of the Karnataka Panchayat Raj Act,1993 to collect property taxes. However the Revenue department in its circular no ಆರ್ ಡಿ 344 ಮುನೋಮು 2005 dated 06-04-2009 as amended in 2013 has made Form-9 and Form-11 mandatory documents for non agricultural properties coming under the jurisdiction of Grama Panchayats for carrying out registration. Hence citizens seeking to sell their property apply for Form 9 and 11 in Gram Panchayats.

4. How is an application required to be submitted in the Gram Panchayat for Form 9?

Answer: For an application to be submitted in the Gram Panchayats for issue of Form-9 the following documents need to be necessarily appended by the applicant a) If the property is claimed to fall within the Gramthana- i) Gramthana sketch with the property certificate surveyed and certified by the Tahsildar. b) If the property is claimed to be converted property the following document copies need to be necessarily appended- i) Ownership documents and Conversion order issued by the Revenue dept. ii) Ownership documents and Plan approval given by the competent authority in Urban Development Dept. c) If the property is granted in a govt. Housing scheme such as; Basava Vasati, Ashraya, Indira Awas Yojana the following needs to be appended- i) Hakkupathra issued by the competent authority and sanction order. For all these three categories, the following documents also need to be enclosed, i) Photograph of the applicant and any ID and address proof like Ration Card, PAN Card, Aadhaar Card, Passport.

5. What is the time required for Gram Panchayat for issue of Form-9?

Answer: On 1-4-2011 issue of Form-9 by the Gram Panchayats (ತೆರಿಗೆ ನಿರ್ಧರಣಾ ಪಟ್ಟಿ/Alteration to assessment register) has been notified as a Sakala Service and each Gram Panchayat has been given 45 days for issue of Form-9.

6. Are there any restrictions for issuing Form-9 and Form-11?

Answer: Yes, Form-9 can be issued to only to those properties which are falling under any one of the following categories. 1. Gramathana sites. 2. Sites formed out of duly approved layout approved by competent authority 3. Sites sanctioned under different Government beneficiary schemes. Form-11 can be issued to all the properties which have Form-9 and also to the properties which are not falling under any of the above categories but already part of existing demand register.

7.Who issues Form-9 / Form-11?

Answer: The Gram Panchayat office issues the Form 9 and 11 through the Panchayat development Officer and the Gram Panchayat Secretary. First time the request for Form-9 and Form-11 is a process in workflow based software called e-SWATHU . Subsequent issue of copy of Form-9 and Form-11 will be within 03 days from date of application on payment of prescribed fee.

8. Will I get receipt for having paid prescribed fee?

Answer: In every document issued fee collected along with date and place of issue will be printed.

9. Who is the competent authority for issuing conversion orders?

Answer: Deputy Commissioner of the district (Revenue Department) is the competent authority for issuing conversion orders.

10. Who is the competent authority for approving the layout plan?

Answer: Concerned Town Planning Authority duly constituted under the Karnataka Country and Town Planning Act 1960 is the competent authority for approving layout plan. In the absence of any such authority, Director, Town Planning is the competent authority.

11. Whether Form-9 and Form-11 issued for Grama Panchayats need ink signature?

Answer: No, all the Form-9 and Form-11 issued from Grama Panchayats after 15-06-2013 are digitally signed by Panchayat Development Officer (PDO); hence no ink signature of any Grama Panchayat officials is required for these documents.

12. What is the significance for ‘ಪ್ರಮಾಣ ಪತ್ರದ ಕ್ರಮ ಸಂಖ್ಯೆ’ in form-9 and form-11 issued from e-SWATHU?

Answer: Every document issued will have unique certificate number which is printed under heading ‘ಪ್ರಮಾಣ ಪತ್ರದ ಕ್ರಮ ಸಂಖ್ಯೆ’. Use this certificate number to cross check the genuineness of the document.

13. How to check genuineness of the form-9 and form-11 issued from the Panchayat?

Answer: Every form-9 and form-11 is issued on secured stationery and Hologram is pasted on the certificate. One can see the water mark in the paper on which form-9/form-11 is issued and every paper is numbered and it is printed in top right corner. The system of issuing certificate on secured stationery with hologram is in practice only in three districts namely Bangalore, Bangalore (Rural) and Ramanagara. For the benefit of all districts including Bangalore, Bangalore (Rural) and Ramanagara, a facility has been provided to check genuineness of document issued. This can be done by clicking link ‘verify document / ದಾಖಲೆ ಪರಿಶೀಲಿಸು’ on the home page of e-SWATHU software, software prompts for certificate number. On entering certificate number, originally issued certificate will be shown for comparison purpose.

14. Are there any other means by which genuineness of certificate can be verified?

Answer: Yes, one can verify the genuineness of certificate by reading the 2d-barcode printed on the certificate which contains digital signature of PDO. Details pertaining to procedure to be followed will be published in this section shortly.

Fugitive Economic Offenders Ordinance 2018

The Criminal law (Amendment) ordinance, 2018

The Criminal law (Amendment) ordinance, 2018 signed by President which allows death for child rapists

Accused Is Entitled To Default Bail After 60 Days For Offences Punishable With ‘Imprisonment Up To 10yrs

Supreme Court of India held that an accused is entitled to statutory bail (default bail) under Section 167(2)(a)(2) of Code of Criminal procedure if the police failed to file the charge-sheet within 60 days of his arrest for the offence Punishable With ‘Imprisonment Up To 10yrs

Lok Sabha Passes the Specific Relief (Amendment) Bill, 2018

Supreme Courts Issues Directions to Prevent Misuse of SC/ST Atrocities Act (20/03/2018 Judgment)

 There is no absolute bar against grant of anticipatory bail in cases under the Atrocities Act if no prima facie case is made out or where on judicial scrutiny the complaint is found to be prima facie mala fide.

In view of acknowledged abuse of law of arrest in cases under the Atrocities Act, arrest of a public servant can only be after approval of the appointing authority and of a non-public servant after approval by the S.S.P. which may be granted in appropriate cases if considered necessary for reasons recorded. Such reasons must be scrutinized by the Magistrate for permitting further detention. 

Any violation of direction will be actionable by way of disciplinary action as well as contempt. 

Acquisition of land by certain persons prohibited / Karnataka Land Reforms (Amendment) Act 2015

Section 79-A. Acquisition of land by certain persons prohibited.  

 - (1) On and from the commencement of the the Karnataka Land Reforms (Amendment) Act, 1995, no person who or a family or a joint family which has an assured annual income of not less than 1[rupees two lakhs] from sources other than agricultural lands shall be entitled to acquire any land whether as land owner, landlord, tenant or mortgagee with possession or otherwise or partly in one capacity and partly in another.

1. Substituted for the words rupees fity thousand by Act No.31 of 1995 w.e.f. 20-10-1995.

Please Note :

1) KARNATAKA LAND REFORMS ACT 1961, (Karnataka Act No.10 of 1962) AS AMENDED BY ACT NO.1 & 31 OF 1991 - Section 79A - Interpretation by reference to entire provisions as amended by Act 1 of 1991 - Must be held Rs.50,000/- always in enactment - From 1.3.1974, no acquisition of agricultural land if Income from non-agricultural sources in excess of Rs.50,000/-.

HELD - Whenever an Amended Act has to be applied subsequent to the date of amendment, the various unamended provisions of the Act have to be read along with the amended provision as though they are part of it The amended part of the provision having got incorporated into the Act the provision of Section 79A of the Act as such should be read. Section 79A of the Act has the opening words on and from the commencement of the Amended Act. The amended Act, is defined to be Act 1 of 1974 which came into effect from 1.3.1974. From that date, no one can acquire an agricultural land if his income from sources other than agricultural lands is in excess of Rs.50,000/-... The interpretation to be placed on Section 79A of the Act is only by reference to the entire provisions of the Section as amended by Act 1 of 1991 and it must be held that the said words Rs.50,000/- as always being there in the enactment because the language of the Section permits no other construction. [Vijayakumar Sankrayya Sardar Vs State of Karnataka w.p.No. 20403 of 1991 dated 16th August 1993 : ILR 1993 KAR 2586].

2) It has been noticed that the Vijayakumar Vs State, ILR 1993 Kar. 2586, the Division Bench has held that the amendments effected by Acts 1 & 31 of 1991, substituting the words Rs.12,000-00 with the words Rs.50,000/- got incorporated into Section 79A and the amendments are effective from 1.3.1974, but not from the date of amendment Acts 1 and 31 of 1991.

Act 31/1995, has substituted the words Amendment Act with the words the Karnataka Land Reforms (Amendment) Act, 1995 and also substituted the words Fifty thousand, with the words Two lakhs. The legislature has made its intention very clear as to the prospective nature of the amendments. For this purpose the words the Karnataka Land Reforms (Amendment) Act 1995 have been substituted, for the words amendment Act, which according to Section 2A(4) means Karnataka Land Reforms (Amendment) Act 1973. Now the amendments clearly state that the amendments should take effect from the date of commencement of Act 31/1995, which has come into force on 20-10-1995.

(2) For purposes of sub-section (1) -

(i) the aggregate income of all the members of a family or a joint family or a joint family from sources other than agricultural land shall be deemed to be income of the family or joint family, as the case may be, from such sources;

(ii) a person or a family or a joint family shall be deemed to have an assured annual income of not less than rupees two lakhs from sources other than agricultural land on any day if such person or family or joint family had an average annual income of not less than rupees two lakhs from such sources during a period of five consecutive years preceding such day.

Explanation. A person who or a family or a joint family which has been assessed to income tax under the Income Tax Act, 1961 (Central Act 43 of 1961) on an yearly total income of not less than rupees two lakhs for five consecutive years shall be deemed to have an average annual income of not less than rupees two lakhs from sources other than agricultural lands

(3) Every acquisition of land otherwise than by way of inheritance or bequest in contravention of this section shall be null and void.

(4) Where a person acquires land in contravention of sub-section (1) or acquires it by bequest or inheritance he shall, within ninety days from the date of acquisition, furnish to the Tahsildar having jurisdiction over the Taluk where the land acquired or the greater part of it is situated a declaration containing the following particulars, namely:

(i) particulars of all lands;

(ii) the average annual income of himself or the family;

(iii) such other particulars as may be prescribed.

(5) The Tahsildar shall, on receipt of the declaration under sub-section (4) and after such enquiry as may be prescribed send a statement containing the prescribed particulars relating to such land to the Deputy Commissioner who shall, by notification, declare that with effect from such date as may be specified in the notification, such land shall stand transferred to and vest in the State Government without further assurance free from all encumbrances. From the date specified in such notification the Deputy Commissioner may take possession of such land in such manner as may be prescribed.

(6) For the land vesting in the State Government under sub-section (5), where the acquisition of the land was by bequest or inheritance, an amount as specified in Section 72 shall be paid and where the acquisition was otherwise than by bequest or inheritance, no amount shall be paid.