Saturday 5 October 2019

EXCHANGE DEED

EXCHANGE DEED

This deed of Exchange 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 PARTY OF THE FIRST PART.

and

Sri./Smt.__________________________S/o./W/o._________________________,

occupation____________________, aged __________ years, residing

at___________________________________________________ Herein referred to as the PARTY OF THE SECOND PART.

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

Whereas, the First Party herein, is the sole and absolute owner of immovable property bearing No.___________ known as _____________________ situated

at morefully described in the First Schedule hereunder written and herein after called the First Schedule property.

Whereas, the First Party is the absolute owner, having acquired the property, by

____________________ and since then First Party has been in possession and enjoyment of the First Scheduled property and paying taxes and levies thereon, as sole and absolute owner thereof.

Whereas, the Second Party herein, is the sole and absolute owner of immovable property bearing No.___________ known as _____________________ situated at more fully described in the Second Schedule hereunder written and herein after called the Second Scheduled property.

Whereas, the Second Party is the absolute owner, having acquired the property, by

____________________ and since then Second Party has been in possession and enjoyment of the Second Scheduled property and paying taxes and levies thereon, as sole and absolute owner thereof.

Whereas it has been agreed between the parties hereto to exchange their respective properties viz. First scheduled property written here under unto and to the use of the Second Party in consideration of the Second Scheduled property here under written unto the use of First Party.

Where as the market value of the First Scheduled property is assessed at Rs.________

Where as the market value of the Second Scheduled property is assessed at Rs.________

Where as the parties here to have now agreed to execute this deed of exchange.

NOW THIS DEED WITNESSETH that in pursuance of the aforesaid agreement and in consideration of the party of the Second Part conveying to the party of the First Part the Second Scheduled property hereunder written and Second Party hereby grant and convey by way of exchange unto the party of the First Part absolutely and for ever all that piece and parcels of the property described in the Second Scheduled together with all the liabilities, easements, profits, privileges, advantages, rights, members and appurtenances whatsoever of the said Second Scheduled property and also together with all the deeds, documents, writings and other evidences of title relating to the said Second Scheduled property and all the estate, right, title, interest, use, possession, benefit, claim and demand whatsoever, both at law and in equity of the party of the First Part TO HAVE AND TO HOLD the said Second Scheduled property hereby granted and conveyed by way of exchange unto and to the use and benefit of the party hereto of the First Part subject to payment of all rents, taxes, assessments, rates, duties, now chargeable upon the same or which may herein after become payable in respect thereof to the local authority.

NOW THIS DEED WITNESSETH that in pursuance of the aforesaid agreement and in consideration of the party of the First Part conveying to the party of the Second Part the First Scheduled property hereunder written and First Party hereby grant and convey by way of exchange unto the party of the Second Part absolutely and for ever all that piece and parcels of the property described in the First Scheduled together with all the liabilities, easements, profits, privileges, advantages, rights, members and appurtenances whatsoever of the said First Scheduled property and also together with all the deeds, documents, writings and other evidences of title relating to the said First Scheduled property and all the estate, right, title, interest, use, possession, benefit, claim and demand whatsoever, both at law and in equity of the party of the Second Part TO HAVE AND TO HOLD the said First Scheduled property hereby granted and conveyed by way of exchange unto and to the use and benefit of the party hereto of the Second Part subject to payment of all rents, taxes, assessments, rates, duties, now chargeable upon the same or which may herein after become payable in respect thereof to the local authority.

Whereas each of the parties of the First and the Second Part mutually covenants with the other that;

(i) He has now in himself, absolute right, full power and absolute authority to grant the scheduled property hereby granted or assured or intended to be by him unto and to the use of the other party in manner aforesaid.

(ii) That the other party shall and may at all times hereafter peacefully and quietly enter upon have occupy, possess and enjoy the scheduled property conveyed to him and receive the profits thereof and for his own use and benefit without any suit, eviction, interruption, claim or demand whatsoever from or by him the covenanting party or his heirs, or any of them or any persons lawfully or equitably claiming or to claim by from under or in trust for them or any of them.

(iii) The said scheduled property is free from all encumbrances, claim, and attachment of whatsoever in nature.

(iv) He the covenanting party and all the persons having or lawfully claiming any estate or interest whatsoever in the scheduled property is conveyed by him shall and will from time to time and at all times herein after at the request and cost of the other of them do and execute or caused to be done and executed such further and other acts deeds, things, conveyances and assurances in the law whatsoever for the better and more perfectly as suring the said land and premises conveyed to him by the other and every part thereof unto and to the use of, the party to whom it is conveyed in the manner aforesaid as by him his heirs, executors, administrators and assigns shall be reasonably require.

FIRST SCHEDULE

(Property belongs to First Party exchanged to the Second Party)

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

Market value of the property under this deed is Rs._____________ (Rupees____________________________________only).

SECOND SCHEDULE

(Property belongs to Second Party exchanged to the First Party)

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

Market value of the property under this deed is Rs._____________ (Rupees____________________________________only).

The Stamp duty is paid on the market value as stated above.

IN WITNESS WHEREOF the First Party as well as the Second Party have put their respective hands the day and year first herein above written.

WITNESSES:

1.	FIRST PARTY
2.	SECOND PARTY

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.

Wednesday 6 March 2019

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.

Monday 23 April 2018

Fugitive Economic Offenders Ordinance 2018