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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. |
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After approval of registrar of co-operative
society, Purchase of Agricultural land to the Society
with special permission from the Government. |
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Comprehensive Development Plan (CDP)
usage and verification. |
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Conversion of Agricultural land to Residential
purpose. |
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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.