Smithfield Crossing Law Blog

If you have having legal problems and hope to attain immigrant status in the United States, you should seek the services of an immigration law office. The lawyers in these offices have the knowledge and skills to handle cases that deal specifically with immigration regulations.
People want to immigrate to other countries for a wide variety of reasons. The most common are to obtain legal permanent residency or to find work in that country. When you become a legal permanent resident, you are granted a license to stay in the U.S. on a permanent basis, free to live and work as you desire. Getting a license means doing a lot of legal work, however, and an immigration law office is just the place to turn to for help.
To obtain a permanent residency, you should consult with attorneys that specialize in immigration law. They have training in how to handle cases that involve the laws regulating immigration. The best source of information and guidance in getting permanent residency status is the immigration law office. You can ask for advice about eligibility requirements and other rules and regulations governing the application for permanent residence. After receiving advice from the law office, you will know what route to take to get where you want to go in terms of residency.
The immigration law office will inform you about four basic immigration options that are available to applicants for U.S. visas. These include immigration through employment, through a family member, permanent resident status as a refugee or someone seeking asylum, and immigration through a diversity lottery. Each method has benefits and disadvantages, depending on your unique circumstances. The lawyer you consult at the immigration law office will assess your qualification before offering any advice regarding your options.
You can get citizenship to the U.S. by either your birth or the naturalization process. The immigration law office will inform you of the benefits to be obtained by becoming a citizen. These include higher exemptions in estate taxes, federal job benefits, more freedom to travel to other countries, and the all-important right to vote. Your immigration lawyer will also inform you about the federal grants and scholarships that are available only to U.S. citizens.
The law office can help with the preparation and filing of your application for citizenship as well. You must comply with a number of regulations, and the law office attorney can also tell you if you have any particular issues that should be addressed. If there are problems that threaten your citizenship application, the attorney will discuss them with you and suggest ways to resolve them.

The following are the documents required for purchase of Converted Revenue Lands:
1. Conversion Order issued by the Deputy Commissioner.
2. Conversion amount paid receipt.
3. RTCs for 30 years issued by the Village Accountant.
4. Tax Paid Receipts issued by the Village Accountant.
5. Documents of ownership.
6. Mutation Register Extracts.
7. Akarband/Tippani/Podi Extracts.
8. Surveys/Boundary Map.
9. Village Map.
10. Nil Tenancy Certificate.
11. Confirmation from the competent authority that there are no acquisition proceedings.
12. Layout Plan Approval by the competent authority.
13. Khatha Certificate issued by the Revenue authority.
14. Latest Tax Paid Receipts.
15. Encumbrances for the last 30 years.
16.  Power of Attorney (if any)
17. Zonal Regulation Map.
IV Business Development Authority (BDA) Sites
Legal Documents required for purchase of Business Development Authority property:
1. Allotment Letter.
2. Receipts of payment of site value.
3. Lease-cum-Sale Agreement.
4. Possession Certificate.
5. Absolute Sale Deed.
6. Khatha certificate (from the Business Development Authority).
7. Khatha certificate (from Bangalore Mahanagara Palike if the property comes within the corporation revenue jurisdiction).
8.  Latest Tax paid receipts
9. Tax paid receipts (from Bangalore Mahanagara Palike).
10. Encumbrance Certificate from the date of allotment to the date of possession.
11. Re-allotment Letter / Re-conveyance Deed if property re-conveyed by the Business Development Authority (BDA).

It would be ideal on part of the property purchaser to make sure that the vendor has a clear marketable title of the property and the property is free from encumbrance. Most of the encumbrances may be discovered by verification of records at jurisdictional sub-registrar’s office and on legal verification of the documents. Along with verification of above mention documents depending upon the type of property (commercial, agriculture) the buyer is going to purchase.
Further it’s advisable to avoid as far possible acquiring a property via Power of Attorney route since it may be objectionable/ questionable litigation may crop up in future. And precaution should be taken to ensure that there are no prior agreement holders or pending litigation on the property. This can be done by inserting advertisements in the local newspapers about the intention of the purchaser to purchase the property.

Lastly documentation is one of the significant steps in whole process of acquisition of immovable property. Particularly more significant in case of housing societies where in a builder develops, constructs and sells a number of flats in a multi-storey building.  Always agreements need to be stamped as per Karnataka Stamp Act, 1957 and along its rules.

Before purchasing any sites especially agriculture land for non agriculture purpose approval under relevant laws viz. Karnataka Land Reforms Act, 1961, the Karnataka Land Revenue Act, 1964 along rules and other provisions of law is must. And Bangalore Metropolitan Regional development Authority (BMRDA) is regulating authority to approve layouts on outskirts of Bangalore.
Clear title and documentation are hard to come by with agricultural land of Bangalore (Karnataka). The following is a useful checklist of documents for review by a Bangalore law firm / lawyer before purchasing Agricultural land:
Mother deed and sale deed: It is very important document to trace the ownership of agriculture land. And it is basic document that shows how the property at the commencement was acquired there after there will be series of transactions such as sale gift law in Bangalore etc.

Akarbandi: Land topography sketch issued by State Revenue Authority viz. survey department. It establishes the survey number and to whom the particular survey number was originally allotted and the land / property revenue assessment details.

Encumbrance Certificate: Certificate from State Revenue Authority stating that there is no lien on the land / property (Has to be obtained for the last 30 years)

Family Tree of the vendor: State Revenue Authority document required to ascertain whether other family members have a stake in the property

Saguvali Chit: It is also called Grant Certificate. This is issued on Form No..VII in case of grant of Govt. land to the eligible persons for cultivation. This establishes title of the persons in the Saguvali Chit to the land granted.
Conversion Order: Conversion certificate has to be obtained for non agriculture purpose & that has to be checked to determine whether it is DC converted or not.
Khata and up to date Tax-paid receipts: Khata in Form MAR 19 (issued prior to 19. 05.2003) along up to date Tax-paid receipts.
Land Acquisition Status: Endorsements from State Revenue Authority certifying the Govt. acquisition status for the property for instance Notification by B.D.A. or KIADB for acquisition.

Mutation Extracts: History of changes in ownership (for 30 years) as documented in the Khatha Certificates issued by the State Revenue Authority. This is an extract from the mutation register maintained by the village property accountant.

NIL Tenancy Certificate/Form No.7 Endorsement: State Revenue Authority certification stating whether the land has any tenants. This issued by the Tasildar. This endorsement certifies that there no tenancy cases pending in respect of property in question as per the KLR act 1961.

Podi Extracts: Property partition document among siblings if any.

Property Tax Paid Receipt: Latest tax receipt validating that the property tax status is current.

RTC (Record of Rights) / Phani: This is primary record issued by the villager Accountant. It contains details of Survey number, total extent of land property, names of the owner including details as to conversion of land from agriculture to non- agriculture property. (has to be obtained for the last 30 years as per Bangalore law)
Section 79A & B endorsement U/KLR Act, 1961: These are issued by Tahsildar. These endorsement certifies that there no cases pending against the person owning the agriculture land / property.
Village Survey Map: Land location sketch
Patta Book: This book contains information regarding the payment of land revenue and other Govt. dues & information of cultivation. And also contains a copy of the record of rights to the land / property situated in Bangalore.
Tippani:  This issued by the Survey Dept. It shows a sketch of the land as the records of the survey Dept.
Comprehensive Development Plan (CDP), Zonal Regulation Map and Survey Map. Apart from the above property should not come within the Green Belt Area.

• Opportunities

• Applicable laws/regulatory policies.

Introduction

Hotel Industry in India is witnessing tremendous boom in recent years and going through an interesting phase. One of the major reasons for the increase in demand for hotel rooms in the country is the boom in the overall Economy and high growth in sectors like information technology, telecom, retail and real estate. Rising stock market and new business opportunities are also attracting hordes of foreign investors and international corporate travelers to look for business opportunities in the country particularly growth in tourism sector. As hotel industry is inextricably linked to the tourism industry and the growth in the Indian tourism industry has fuelled the growth of Indian hotel industry.

Explosive economic growth in India ignites unquenchable demand for hotel rooms. With huge investments flowing into India for the development of infrastructure such as roads, highways, airports and convention centers, interest in hotel developments is hitting new highs as tourism, business and travel are on the rise.

The booming tourism industry has had a cascading effect on the hospitality sector with an increase in the occupancy ratios and average room rates. And with the continuing surge in demand, many global hospitality majors have evinced a keen interest in the Indian hospitality sector. It is estimated that India is likely to have around 40 international hotel brands by 2011.

Opportunities

The spurt in India’s tourism industry growth has had a ripple effect on its hospitality sector. Rising income levels and spending power combined with the governments open sky policy have provided a major thrust. The industry is growing at a very rapid pace and there is a demand for more rooms both in metros and smaller towns. It is estimated that India is likely to have around 40 international hotel brands by 2011.

India’s booming hospitality industry has transformed into a veritable basket of the choicest of rooms, food and beverage, health and business facilities, travel packages and everything that you can think of. New global entrants are vying with existing local players to provide world-class services at prices suited to every pocket.

An estimated 4.4 million tourists are expected to visit India with an annual average growth rate of 12% in the next few years. The domestic tourist market is also flourishing. The commonwealth games in 2010 will add to the demand for quality accommodation.

The Government of India’s Incredible India destination campaign and the Atithi Devo Bhavah campaign have also helped the growth of domestic and international tourism and consequently the hotel industry.

The opening up of the aviation industry in India has exciting opportunities for hotel industry as it relies on airlines to transport 80% of international arrivals. The government’s decision to substantially upgrade 28 regional airports in smaller towns and privatization & expansion of Delhi and Mumbai airport will improve the business prospects of hotel industry in India. And the upgrading of national highways connecting various parts of India has opened new avenues for the development of budget hotels in India. Taking advantage of this opportunity Tata group and another hotel chain called ‘Homotel’ have entered this business segment.

If you want to read article go to second part of this – Information of hotel industry laws in india – part2.