Buyer's Need to know

LEGAL RIGHTS AND DUTIES OF ALLOTTEES/PROPERTY BUYER

(1) The allottee shall be entitled to obtain the information relating to sanctioned plans, layout plans along with the specifications, approved by the competent authority and such other information as provided in this Act or the rules and regulations made thereunder or the agreement for sale signed with the promoter.

(2) The allottee shall be entitled to know stage-wise time schedule of completion of the project, including the provisions for water, sanitation, electricity and other amenities and services as agreed to between the promoter and the allottee in accordance with the terms and conditions of the agreement for sale.

(3) The allottee shall be entitled to claim the possession of apartment, plot or building, as the case may be, and the association of allottees shall be entitled to claim the possession of the common areas, as per the declaration given by the promoter under sub-clause (C) of clause (I) of sub-section (2) of section 4.

(4) The allottee shall be entitled to claim the refund of amount paid along with interest at such rate as may be prescribed and compensation in the manner as provided under this Act, from the promoter, if the promoter fails to comply or is unable to give possession of the apartment, plot or building, as the case may be, in accordance with the terms of agreement for sale or due to discontinuance of his business as a developer on account of suspension or revocation of his registration under the provisions of this Act or the rules or regulations made thereunder.

(5) The allottee shall be entitled to have the necessary documents and plans, including that of common areas, after handing over the physical possession of the apartment or plot or building as the case may be, by the promoter.

(6) Every allottee, who has entered into an agreement for sale to take an apartment, plot or building as the case may be, under section 13, shall be responsible to make necessary payments in the manner and within the time as specified in the said agreement for sale and shall pay at the proper time and place, the share of the registration charges, municipal taxes, water and electricity charges, maintenance charges, ground rent, and other charges, if any.

(7) The allottee shall be liable to pay interest, at such rate as may be prescribed, for any delay in payment towards any amount or charges to be paid under sub-section (6). 

(8) The obligations of the allottee under sub-section (6) and the liability towards interest under sub-section (7) may be reduced when mutually agreed to between the promoter and such allottee.

(9) Every allottee of the apartment, plot or building as the case may be, shall participate towards the formation of an association or society or cooperative society of the allottees, or a federation of the same.

(10) Every allottee shall take physical possession of the apartment, plot or building as the case may be, within a period of two months of the occupancy certificate issued for the said apartment, plot or building, as the case may be.

(11) Every allottee shall participate towards registration of the conveyance deed of the apartment, plot or building, as the case may be, as provided under sub-section (1) of  section 17 of this Act.

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DOCUMENTS CHECKLIST FOR PURCHASE OF FLAT / APARTMENT

FOR READY TO MOVE / UNDER CONSTRUCTION APARTMENT/FLAT

• •       TITLE DEED/ LINK DEED/ MOTHER DEED

  •          PATTA/ KHATA/ MUTATION RECORDS

  •          JAMABANDI

  •          NEC OR NO ENCUMBERANCE CERTIFICATE

  •          FORM 50 (NO LITIGATION CERTIFICATE)

  •          KHAJNA/  PROPERTY TAX PAID RECEIPTS UP TO DATE

  •          DEVELOPMENT AGGREEMENT IF ANY WITH PROMOTER

  •          APPROVED MASTER PLAN

  •          PERMISSION COPY

  •          NOC FROM RELEVANT AUTHORITIES AS REQUIRED ( I.E FIRE CONTROL, POLLUTION)

  •          POWER OF ATTORNEY FOR DEVELOPMENTS

  •          LEGAL REPORT FROM LAWER/ ADVOCATE

  •          COMPLETION CERTIFICATE (FOR READY TO MOVE FLAT/ APARTMENT)

  •         OCCUPENCY CERTIFICATE (FOR READY TO MOVE FLAT/ APARTMENT)

Assam Namjari or Land Mutation: How to Apply Online & Offline?

Assam land mutation also known as Assam Namjari is a very important process during any activity related to land. Without it, one can’t prove the ownership of their lands and thus selling that land to another person will become impossible. Assam Namjari or land mutation is basically the process of registering your name in Record of Right so that you can prove that you are the owner of land. So, in this article, we will be talking about how to apply for Assam Namjari or land mutation via online or offline. We will also include the form which you can download and fill up to submit to the Deputy Commissioner.

Different Types Of Land Mutation In Assam

But before we go to the how-to part, let us explain the types of land mutation in Assam. Currently, there are two different types of land mutation or namjari.

What Is Office Mutation?

Office mutation is basically when the mutation is done in circle office without any field visit. It is mandatory for areas which fall under the Municipality. However, citizens from rural areas are also allowed to apply for office mutation. During this process, the Circle officer checks if the application is fulfilling all the terms and conditions and then passes the mutation order.

What Is Field Mutation?

Unlike office mutation, field mutation requires a field visit by the circle officer. This is done mainly in the rural areas of Assam. Field mutation does not need any specific forms to be filled up and submitted. Application for field mutation can be easily done in a plain paper with all the required documents attached to the circle officer or Lot Mandal.

Within What Period The Assam Land Mutation Should Be Done

Once you take possession or assumption of charge, the application for mutation process should be submitted within the 6 months time frame. But remember, it is subject to fulfilment of the condition that nobody should file any objection during the proceeding.

How Much Does It Cost For Assam Namjari?

You need to pay the applicable fee for the land mutation process. But this applicable fee differs from area to area. Applicable fee for office mutation in an urban area is Rs 200, and for rural areas, it is Rs 50 only. However, there is no fixed charge for field mutation 

Which Documents Will Be Needed For Land Mutation?

There are two different situations when the land mutation process is required. In each situation, it requires different sets of documents to be submitted during the application Assam Namjari of and in Assam. Below you can see the required documents in both the situations. If the mutation is sought by the transfer of the land by way of gifting, purchasing, inheritance or mortgaging or if the specified form with required court fee is involved, below are the documents that are required during the application process: Xerox copy of the originally registered deed or certified copy of

the deed of transfer. A copy of up-to-date land revenue receipt or land revenue clearance receipt of the land. And affidavit.

On the other side, if the ownership is got through inheritance, the following documents should be attached:

• Copy of No Objection Certificate obtained from Deputy Commissioner, in case of transfer of land.

• Scanned copy of filled up downloadable eForm with Court fee stamp.

How To Apply For Office Mutation In Assam Via Online?

Applying for office land mutation in Assam via online is very easy through the online Guwahati Municipal Corporation or GMC portal. Below all the steps are described briefly:

• First of all, go to the Online GMC Portal. 

• Navigate to the “Services” option from the menu and choose “Mutation”.

• Scan all the documents and store them on the computer for upload.

• Now enter the required details in “Online Mutation Application System” page of the GMC Portal website.

• Choose and upload the documents that are scanned previously from the computer.

• Finally, click on the “Save Changes” button. 

• Once you click on the save changes button, a unique application number along with the receipt will be generated automatically, note it down.

Now enter the reference ID and Amount in Rs and hit the “Make Payment” button and pay the required fee online via Credit or Debit cards, net banking or other available online payment

methods.

How to Apply For Office Mutation In Assam Via Offline?

Though the online method is very easy and convenient, many of the people are more comfortable with the offline method. That is easy too. You just need to fill up a form and submit it along with the required documents attached. Below the steps are described:

• An affidavit stating that the landowner does not possess land more than the limit laid down under the Assam Fixation of Ceiling on Land Holding Act, 1956 along with required documents should also be submitted.

• You may also choose any courier service to send these stuff to the concerned office.

• In case of grant mutation, Circle officer need to apply to the deputy commissioner.

• All land related documents will be verified, and the proposed land mutation with the prevailing rules and regulations will be checked by the District level committee headed by the deputy commissioner.

• Once the approval for mutation is accorded, you need to pay the fee.

• Once the payment is done, the mutation document will be issued by the deputy commissioner.

• Also, the circle inspector will make necessary entries in the land records for future requirements.

How To Apply For Field Mutation?

As we mentioned at the beginning of this article, there is no format or form needed for that. You can take a plain paper and write the application for field mutation in Assam. At the time of submitting this application to the circle officer or Lot Mandal in your locality, you need to attach the required documents together.

Some Important Terms

Carpet Area

"carpet area" means the net usable floor area of an apartment, excluding the area covered by the external walls, areas under services shafts, exclusive balcony or verandah area and exclusive open terrace area, but includes the area covered by the internal partition walls of the apartment.

Commencement Certificate

"commencement certificate" means the commencement certificate or the building permit or the construction permit, by whatever name called issued by the competent authority to allow or permit the promoter to begin development works on an immovable property, as per the sanctioned plan.

Common Areas

common areas" mean—

(i) the entire land for the real estate project or where the project is developed in phases and registration under this Act is sought for a phase, the entire land for that phase;

(ii) the stair cases, lifts, staircase and lift lobbies, fir escapes, and common entrances and exits of buildings;

(iii) the common basements, terraces, parks, play areas, open parking areas and common storage spaces;

(iv) the premises for the lodging of persons employed for the management of the property including accommodation for watch and ward staffs or for the lodging of community service personnel;

(v) installations of central services such as electricity, gas, water and sanitation, air-conditioning and incinerating, system for water conservation and renewable energy;

(vi) the water tanks, sumps, motors, fans, compressors, ducts and allapparatus connected with installations for common use;

(vii) all community and commercial facilities as provided in the real estate project;

(viii) all other portion of the project necessary or convenient for its maintenance, safety, etc., and in common use.

completion certificate

completion certificate" means the completion certificate, or such other certificate, by whatever name called, issued by the competent authority certifying that the real estate project has been developed according to the sanctioned plan, layout plan and specifications, as approved by the competent authority under the local laws.

Occupancy Certificate

occupancy certificate" means the occupancy certificate, or such other certificate by whatever name called, issued by the competent authority permitting occupation of any building, as provided under local laws, which has provision for civic infrastructure such as water, sanitation and electricity.