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Formation of Housing Society, taking permission from Government

A Housing Society can be formed by a group of employees of a particular company. To start with a society, has to be registered with Registrar of co-operative Societies.
After approval of registrar of co-operative society, Purchase of Agricultural land to the Society with special permission from the Government.
Comprehensive Development Plan (CDP) usage and verification.
Conversion of Agricultural land to Residential purpose.
Plan approval.

Any existing problem Housing Society, having problems with BDA, Revenue Department, HUD, will be given free consultancy.

We Search your survey No. in CDP fall in residential / Commercial / Industrial / Park / Semi Park / Green Belt.

Procedure for change of land use can be made from Residential to Commercial / Industrial or Park / Semi Park / Public utility to Residential / Commercial / industrial.

The land purchased by the Housing Societies or Individual for forming Layout will be usually agricultural land, which is illegal. This can be used for Agricultural purpose only unless the use of land is changed to Residential, Commercial, Industrial or any other purpose. The Comprehensive Development Plan is meant for finding out the use of land. On a reference to this plan necessary application should be sent to the BDA Town Planning Authority and obtain the permission to change the use of land.

Any property usage according to CDP is very important according to Town Planning authority. If the land falls in Residential / Park / Semi Park / Public utilities, which cannot be used for Commercial / Industrial purpose. For this, Town Planning Authority has given some provision in law for utilizing those lands for Commercial / Industrial purposes. This procedure is known as Change of land use.

For this an application should to sent to Government for approval of change of land use and fee of Rs. 75.50/- per square meter has to be paid for the entire land plus Rs. 15,000/- for advertising in news papers also to be paid.

Identifying Green Belt Zone

Land conversion procedure from Agriculture land to commercial / Industrial / Residential.

After purchasing the agricultural land the character of land has to be converted to Residential / Industrial or any other purpose, for this necessary application should be made to the Tahsildhar & deputy commissioner and obtain the permission for conversion. This involves conversion fee also. If the land purchased is of agricultural and cannot be used for Residential / Commercial / Industrial purpose. When the above important portfolio is looked a highly efficient work. This definitely calls for expertise of an efficient and able person who has real & practical experiences in the field. It involves time and money and the whole exercise is lost if it is not handled properly. This company has all expertise in the above matter and gives FREE consultation for those who approach through Email.

Eligibility for purchase of Agriculture land in Karnataka and special permission by Government to purchase agriculture land.

Restrictions on [HOLDING OR] Transfer of Agricultural lands

[79A. Acquisition of land by certain persons prohibited - (1) On and from the commencement of the [the Karnataka Land Reform (Amendment) act, 1995], on person who or a family or a joint family which has an assured annual income of not less than rupees [two lakhs] from sources other than agricultural land shall be entitled to acquire any land whether as land owner, landlord, tenant or mortgage with possession or otherwise or partly in one capacity and party in another.


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

(i) The aggregate income of the all the members of a family or a joint family from source 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 (Center Act 43 of 1961) on an yearly total income of not less than rupees twelve thousand for five consecutive years shall be deemed to have an average annual income of not less than rupees twelve thousand 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 of 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.

79B. Prohibition of holding agricultural land by certain persons: -

(1) With effect on and from the date of commencement of the Amendment Act, except as otherwise provided in this Act, -

(a) No person other than a person cultivating land personally shall be entitled to hold land; and

(b) It shall not be lawful for,

(i) An educational, religious or charitable institution or society or trust, other than an institution or society or trust referred to in sub-section (7) of section 63, capable of holding property;
(ii) A company
(iii) An association or other body of individuals not being a joint family, whether incorporated or not; or
(iv) A co-operative society other than a co-operative farm, to hold any land.

(2) Every such institution, society, trust, company, association, body or co-operative society, -


(a) Which holds lands on the date of commencement of the Amendment Act and which is disentitled to hold lands under sub-section (1), shall, within ninety days from the said date, furnish to the Tahsildar within whose jurisdiction the greater part of such land is situated a declaration containing the particulars of such land and such other particulars as may prescribed; and


(b) Which acquires such land after the said date shall also furnish a similar declaration within the prescribed period.

(3) The Tahsildar shall, on receipt of the declaration under sub-section (2) 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 such land shall vest in the State Government free from all encumbrances and take possession thereof in the prescribed manner.

(4) In respect of the land vesting in the State Government under this section an amount as specified in section 72 shall be paid.


Explanation.-For purposes of this section it shall be presumed that a land is held by an institution, trust, company, association or body where it is held by an individual on its behalf.


3[109.Certain lands to be exempt from certain provisions. -4[(1) Subject to such rules as may be prescribed and the provisions of the Karnataka Town and Country Planning Act, 1961 (Karnataka Act 11 of 1963), the State Government may, by notification, exempt, any land in any area from the provisions of sections 63, 79A, 79B or 80 to be used for. -

(i) Industrial development, the extent of which shall not exceed twenty units;

(ii) Educational institutions recognised by the State or Central Government to be used for non-agricultural purpose the extent of which shall not exceed four units;

(iii) Places of worship to be specified by Government by notification which are established or constructed by a recognised or registered body for non-agricultural purpose, the extent of which shall not exceed one unit;

(iv) A housing project, approved by the State Government the extent of which shall not exceed ten units;

(v) The purpose of horticulture including floriculture and agro based industries the extent of which shall not exceed twenty units.

(1A) Notwithstanding anything contained in sub-section (1), the State Government may in public interest and for reasons to be recorded in writing, 1[by notification and subject to the provisions of the Karnataka Town and Country Planning Act, 1961 (Karnataka Act 11 of 1963) and such restrictions and conditions as may be specified by it, exempt any extent of land from the provision of sections 63, 79B or 80] for any specific purpose.]

(2) Where any condition or restriction specified in the Notification under sub-section (1), has been contravened, the State Government, may, after holding an enquiry as it deems fit, cancel the exemption granted under that sub-section and the land in respect of which such cancellation has been made, shall, as penalty be forfeited to and vest in the State Government free from all encumbrances. No amount is payable therefore.]

Any confusion between public and other Government agencies like B.D.A, Corporation, C.M.C, Panchayath, Sanitary Board, H.U.D, Revenue Department etc.

The delay in progress is mostly due to confusion. It is always necessary to acquire the awareness before a beginning is made to proceed with any matter. Neither the Government nor the public will follow this principal. The matters will get struck in the middle of progress and will never be solved if the confusion is not removed. This is a difference in the procedures in different departments. Only a systematic awareness and knowledge will be helpful in solving out the matters and this awareness & guidance will be provided by our company.

B.D.A Notification

Registration

Documentation knowledge for revenue sites, conversion sites, G.P.A, sites, Panchayath and its problems / solution.

This is a very important aspect in regard to purchase of land and also submitting papers to the government. A proposal to purchase agricultural land should be followed by verification of documentation before the negotiation of prices. There is bound to be litigation in this matter and hence the purchaser should evince extra carefulness. Once the deal is finalized and any claim arising later, on account of the faulty verification it will be the responsibility of the purchaser to settle for himself failing which the matters will enter into courts, which takes its own course of time to achieve the finality.


Necessary precaution is to be taken in regard to the title deeds of the property, authenticity or genuineness of the documents, tax arrears if any, source of acquiring property by the seller claims from successor or legal hires, power of attorney if any, notification if any issued by BDA any Government authority, encumbrance or alienation on the property. Record of rights extract mutation etc, relating to the land in question. This requires deep knowledge of documentation and expertise to handle the matters besides the access to facts in the Government records.

 

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