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Urban Property Ownership Record (UPOR) Project

FAQ's...
1.What is UPOR project?

Answer of Question No:01


UPOR stands for “Urban Property Ownership Records”. Under this project the Revenue Department would be creating property ownership records for properties located in various towns and cities in Karnataka. These records will be proof of the ownership of the property. It will have various other details like shape and the area of property and various encumbrances on the property like Bank loans etc.,

 

2.Why citizens needs UPOR project?

Answer of Question No:02


While property records are maintained by Government for rural properties in the form of RTC, there are no ownership property records in the Urban areas. This is resulting in a situation where citizens lack the required security and certainty about the ownership of their properties. The prospective buyers also are uncertain about the ownership of the property they intend to purchase. For this reason the citizen needs UPOR project. The property card is the only legal document which indicates the ownership rights of the owner.

 

3.What are the deliverables of UPOR project? How are they different from the Khatha extract issued by the Urban Local bodies?

Answer of Question No:03


Under the UPOR project, Property Cards, which would be similar to RTC, will be issued to the citizens clearly mentioning their ownership rights on the property. This document shall be a valid document in eyes of law as it is being created under the Karnataka Land Revenue Act. As per section 133of this Act this record shall create a presumption in favour of the citizens regarding his ownership of the property, unless ofcourse, it is proved otherwise in a Court of law by the contesting parties. On the other side the Khatha extract maintained by the Urban Local bodies is just for the purpose of collection of property tax. The Khatha extract, in no way, gives ownership right to the citizen and is not regarded as an ownership document under any law of the State.

 

4.What are the advantages of the UPOR project or who will be benefitted by the UPOR project?

Answer of Question No:04


5.What documents will a property owner get from UPOR project?

Answer of Question No:05


Property owner would get UPOR card or Property Card. Both are synonymous. It is just that PR is a short form of UPOR card. It is not a smart card. It is just a certificate but it is traditionally called PR card. The UPOR Card will have five sections as following:


a. Property details: Property details will include the details of the Property like property number and its area.


b. Ownership details: This section will contain details of the present owner(the history of the ownership details would be available in the UPOR database as transactions take place under the UPOR system). It shall also have the details of the instrument through which the present person has become the owner of the property.


c. Map: The index map of the property would be shown along with the neighboring properties. The coordinates of the property as it exists on the ground on the day of measurement would also be shown.

d. Loan details: This section contains the loans which have been taken by the owner of the property and have not been cleared till date.


e. Other rights: Other easement rights and government restrictions are also mentioned.


 

6.What is PR card? Is it a plastic card like Credit Card?

Answer of Question No:06


The PR card is the certificate given to the owner of the property. It is not a plastic card, it is just by convention that it is called PR card. This is a proof of the ownership of the property and is created under the provisions of the Karnataka Land Revenue Acts and Rules.

 

7.Why this PR card is required?

Answer of Question No:07


PR card is required for proving the ownership on the property. This card would be required for any future transactions on the property in the office of Sub-Registrar. It would also be required for taking loan from the banks. The Urban Local bodies will demand this card before the collection of property tax or giving building permission for construction of any structure on the property.

 

8.What will happen if the property owner does not get the PR card?

Answer of Question No:08


It is extremely important for every owner to apply for the PR card and get the same. Without this document citizen would not be able to prove his ownership in any court of law. He will not be able to take building permission from the Urban Local bodies. He would also face problems in getting loans from the bank. Sub-registrar would not allow any transactions on the property in absence of this record.

 

9.Is it difficult to get PR card?

Answer of Question No:09


Not at all. The project is under implementation in four towns as on today namely Mysore, Shimoga, Hubli-Dharwad and Bellary. Project would soon be taken up in Bangalore and Mangalore. It shall be notified to the citizens from time to time as to how and where he can get his PR card. Citizens have to provide the documents to prove their ownership on the property they are owning. Various camps will be set up apart from regular Citizen Facilitation Centres. Citizens can go to the camps or go to the Facilitation centres to submit their documents. Efforts would also be made to collect these documents from the residence of the citizen itself.


Grievance Redressal mechanism is also built up into the portal created to help citizen so that in case citizen are facing any problem they can submit their problem on the portal and all efforts would be made to take care of their grievances.


The responsibility of the owner would be discharged after he provides all the required documents which would be clearly mentioned in the notice which would be served on the property. Rest of the work is left to the Revenue Department which would examine these documents and issue a draft PR card. The draft PR card would also be published on the UPOR portal to facilitate others to raise any objections to the PR card. Depending upon the objections and the merits in each case, the Enquiry Officers (who are the Senior Officers of the Revenue Department) will finalize the property card and issue the final PR card to the owners.

 

10.What is the role of property owner in the UPOR project?

Answer of Question No:10


11.Will all property owners get PR card ?

Answer of Question No:11


Yes. All owners will get PR card except those who have unauthorizedly encroached on the Government land. However, in respect of those properties which do not comply with the laws of the lands like conversion of properties or lay out approval, would have remarks on the property card indicating these deficiencies.

 

12.What are the activities involved in creating a PR card ?

Answer of Question No:12


The following activities are involved in creating PR card.


  1. Properties are measured after giving notices to the citizens. The properties are measured in such a way that each property corners have clear global coordinates which can help citizens to locate their property on the ground without help of any surveyors even after tens of years.

  2. Title enquiry: Under this process the ownership of every property is decided. For this purpose legal documents relevant to a property under examination are collected from the citizens, sub-registrars, Tahasildars and Urban local bodies and banks(for the purpose of loan). All these documents are examined by the enquiry officer and a draft PR card is issued. After hearing objections to the draft PR card, if any, by the owner and by other interested parties, the final PR card will be issued.

13.Is PR card tamper proof?

Answer of Question No:13


Yes. PR card (certificate) is tamper proof. Each PR card will be issued on a secured stationery and will have hologram fixed on each page of the certificate. PR card will be digitally signed and it would therefore be very easy to find out if any tampering has been done to the card. All the PR cards would also be available on the portal of this project. Therefore it would be very easy for any citizen or for UPOR authorities to find out whether any tampering has been done or attempted.

 

14.Will the information of the property not be misused by Government Agency?

Answer of Question No:14


No. The information of a property will certainly not be shared with any private party or with any agencies not authorized to get such information. However as on today the property records are public records and therefore to that extent the property card would be available on the portal of the project. Portal would certainly not have consolidated information like all the properties owned by a citizen or given a name of a person which property he has etc. However, given a property number or location of a property it would be possible to find out who is the owner of that property. Unnecessary and confidential information regarding any property would not be brought out in the public domain. The relevant laws of the land will be followed by UPOR authorities in this regard.

 

15.Will all information of property ownership be available for each and everybody?

Answer of Question No:15


 

16.Is UPOR services web based?

Answer of Question No:16


While all mutation services under the UPOR project will not be web enabled, services relating to viewing of property records and mutation information will be web enabled. Every citizen, who intend to avail UPOR web based services, will be provided user name and password using which he/she will be able to login through the internet and use the services as well as the payment gateway for making a payment. The reasons as to why mutation services are not web enabled is very simple to understand. In cases of mutations, citizens need to submit written application necessary documents if the mutations are through inheritance or through partition and also provide his identity. In such cases, the physical visit to the UPOR service centre would be mandatory. In case of mortgage of properties the bankers would be able to request for an entry in to property record of the borrower and such requests would be raised by bank only after borrowers consent to the bank. As far as sale transactions are concerned, the Registration department’s computerization system ‘Kaveri’ will be electronically linked to UPOR transmit registration details as and when sale transactions take place. The information from the ‘Kaveri’ system will electronically flow to UPOR system and the records shall get mutated as per transactions registered between the parties.

 

17.Property owners can get service/information through internet?

Answer of Question No:17


While all mutation services under the UPOR project will not be web enabled, services relating to viewing of property records and mutation information will be web enabled. Every citizen, who intend to avail UPOR web based services, will be provided user name and password using which he/she will be able to login through the internet and use the services as well as the payment gateway for making a payment. The reasons as to why mutation services are not web enabled is very simple to understand. In cases of mutations, citizens need to submit written application necessary documents if the mutations are through inheritance or through partition and also provide his identity. In such cases, the physical visit to the UPOR service centre would be mandatory. In case of mortgage of properties the bankers would be able to request for an entry in to property record of the borrower and such requests would be raised by bank only after borrowers consent to the bank. As far as sale transactions are concerned, the Registration department’s computerization system ‘Kaveri’ will be electronically linked to UPOR transmit registration details as and when sale transactions take place. The information from the ‘Kaveri’ system will electronically flow to UPOR system and the records shall get mutated as per transactions registered between the parties.

 

18.Do citizens/property owner need to pay for PR card?

Answer of Question No:18


Yes. For efficient services, the citizen needs to pay as Government cannot keep on investing on all the projects. Similar user charges are in place in ‘‘Bhoomi’’ project in which RTC is procured by citizens. The project is being done with the help of private sector on PPP model. The private vendor is spending huge amount of money in surveying each property, collecting copy of property records (after taking a xerox copy) from the citizens, digitizing them and then analyzing the data. All this cost will be recovered by him through share in user charges. However, it is left to the citizens whether he want to procure his property records or not. If he wants he will have to pay for the same. Further the cost of subsequent purchase of property records shall be much lesser than the first time of the property record. Similarly for viewing the property related information through internet the citizens will have to pay. The user charges will depend upon the size of the property and the use for which it is put. Small size properties will have very less user charges whereas big properties or property used for commercial purposes will have little higher charges. The charges will be approximately the same as is being charged by the Urban local Bodies/Municipalities for providing copies of the khatha records.

 

19.Do citizen need to pay every time for the services in UPOR?

Answer of Question No:19


Yes. As explained in the previous answer, citizen needs to pay for the services he gets from UPOR every time. However as has been explained there may be less user charges if citizens has already taken a property card and he wants subsequently a copy of the same.

 

20.How ownership is decided about a property?

Answer of Question No:20

 

21.Can citizens know the status of their property through internet?

Answer of Question No:21


Yes. Citizens can visit the UPOR portal www.upor.karnataka.gov.in . The detailed guidelines have been given on how to use this portal. In the right corner of the portal there is heading called ‘Property Search’, the citizens can search their properties through this. Citizens can also find their properties by going through the link wherein there will be a map of the area closer to the road near which the property is located. They can then locate their property on the map and confirm the same through photograph of the property which are also available on the portal. Further details as maintained by UPOR authorities will then be available. Citizens by viewing may find details which may be wrong or incomplete, citizens can take appropriate action by either submitting the appropriate documents online or by visiting UPOR office. The portal will also show the status of their property, i.e., whether enquiry process is over whether the objection period is over and whether the draft and final PR card is available for viewing on this portal.

 

22.What are the documents property owners needs to give to UPOR authorities?

Answer of Question No:22


 

23.What is difference between RTC and PR card?

Answer of Question No:23


24.What are the contents of PR cards?

Answer of Question No:24


QNo:05.What documents will a property owner get from UPOR project?

  • Property owner would get UPOR card or Property Card. Both are synonymous. It is just that PR is a short form of UPOR card. It is not a smart card. It is just a certificate but it is traditionally called PR card. The UPOR Card will have five sections as following:

  • a. Property details: Property details will include the details of the Property like property number and its area.

    b. Ownership details: This section will contain details of the present owner(the history of the ownership details would be available in the UPOR database as transactions take place under the UPOR system). It shall also have the details of the instrument through which the present person has become the owner of the property.

    c. Map: The index map of the property would be shown along with the neighboring properties. The coordinates of the property as it exists on the ground on the day of measurement would also be shown.

    d. Loan details: This section contains the loans which have been taken by the owner of the property and have not been cleared till date.

    e. Other rights: Other easement rights and government restrictions are also mentioned.

25.What is the Title Enquiry Process? How is the ownership decided?

Answer of Question No:25


26.How the PR card will help property owner?

Answer of Question No:26


QNo:07.Why this PR card is required?

PR card is required for proving the ownership on the property. This card would be required for any future transactions on the property in the office of Sub-Registrar. It would also be required for taking loan from the banks. The Urban Local bodies will demand this card before the collection of property tax or giving building permission for construction of any structure on the property.

27.What are the transactions for which PR card will be necessary document?

Answer of Question No:27


PR card is the important proof for you owning the particular property. You will necessarily require it when you do the following type of transactions:

1. You want to sell your property, the sub-registrar would ask for the PR card.

2. You want to mortgage your property for taking bank loan for personal purpose, bankers would ask for PR card.

3. In case of seeking permission for building construction from the Urban Local bodies, PR card would be required.

4. In case you want to file a court case, the PR card would be required for partition within the family or for inheritance case when the present owner dies, the PR card would be must.

5. You want to give surety to Police or to the court for seeking bail of somebody the PR card would be required necessarily.

 

28.Whether a property owner gets a PR card if his property is located on Government land?

Answer of Question No:28


In such case no PR card shall be issued. Such cases would be considered as encroachments on the Government land and would not give any right to the citizen. However citizen would be free to approach the UPOR authorities to give proof to show that he is not squatting on Government land and that the land actually belongs to him. UPOR authorities, if satisfied of his claims can then issue the UPOR card.

 

29.Will PR card be given to all to the property owners?

Answer of Question No:29


30.Will PR card be given to Revenue site owner?

Answer of Question No:30


Revenue sites are those sites which have been created without following the procedure of Law. For any layout to be created, first the land has to be converted from ‘agriculture usage’ to ‘non agriculture purpose’ by applying to the competent authority. After this permission is granted the layout has to be approved by the local planning authority like MUDA in Mysore. Only after the layout is approved, the sites so created are legally valid sites. If any site is created on agricultural land without following above process such properties are called revenue sites. In cases of revenue sites as well, the PR card will be given. However, there will be clear remarks on the PR card that the card is issued for a revenue site. There may be restrictions that Government would put on future transactions related to revenue sites. For further details please contact the local Revenue & Municipal authorities of your city.

 

31.Is cadastral unit number equivalent to Sy. No?

Answer of Question No:31


The survey Nos. in rural areas uniquely identifies the property on the ground as the documents like tippans/atlas in rural areas help the surveyors to locate a particular sy. No on the ground. Similarly in urban areas the cadastral number will uniquely help to locate city property on the ground.

 

32.Is cadastral unit number unique in a city? Will it give unique identity?

Answer of Question No:32


Yes in most of the cases the cadastral unit number will always be unique in a city. For each site it will be a different number and that sense give unique identity for every site. However, having said so it is clarified that all the apartment units located inside apartment complex will have the same cadastral unit number and therefore to this extent the cadastral number will be repeated for all the apartment units. As explained previously each of these apartment unit will have unique UPOR number which will identify each apartment unit uniquely although all such apartment units have the same cadastral number.

 

33.How to know the Cadastral unit number of a property owner?

Answer of Question No:33


The cadastral unit number is printed on the PR card and citizen can take note of it.

 

34.Can a citizen identify his property in UPOR map or Project?

Answer of Question No:34


Each property in the city/town where the UPOR project is functional will be provided with cadastral unit number and UPOR number. As has been explained above the cadastral unit number will uniquely identify any site. Further to identify his property, citizen may need to go through the UPOR map of his area and identify his property on map thereafter he can easily see his property’s UPOR number and cadastral number. His property will also be linked to his khatha number on which he can run a search on UPOR portal and find out his property. Similarly each site will also be given UPOR number. Giving two numbers or two identities to a property was inevitable as in case of apartments all the apartment units will have a single cadastral number as all of them together are located in a single site which ofcourse is bigger in size. Had apartment units been given just one number, we would not be able to identify each apartment units distinctly. Therefore UPOR number is also given to each property. In case of apartment unit the UPOR number will be different for different apartment unit whereas cadastral number would be same for all apartment units.

 

35.Is it possible to know cadastral number or UPOR number if a citizen knows municipal khatha number/House Number?

Answer of Question No:35


The cadastral unit number and the UPOR number is given after the title enquiry is over and draft PR card has been issued. Till then each property is given a chaltha number. UPOR project maintains linkages between cadastral number, UPOR number with Municipal Khatha and house number and it would be possible for citizen to find out his cadastral or UPOR number by using khatha or house number in search on UPOR portal.

 

36.Is municipal number/House number different from cadastral number?

Answer of Question No:36


Yes. Municipal number is given arbitrarily most of the time by the Municipal Administration. House number also many a times is arbitrarily give and even repeated. The cadastral number, on the other hand, is given in a scientific manner with adjacent properties having the continuous cadastral number. For the purpose of UPOR project cadastral unit number and UPOR number will be very critical as has been said above. Both would be mentioned on the UPOR PR card.

 

37.Is it necessary to have PR card even if a property owner has a municipal khatha?

Answer of Question No:37


As has been explained earlier Municipal khatha has no evidentiary value. At the time of issue of municipal khatha, no extensive checks are done about the history of the ownership of the property. On the other hand, the PR card is recognized under law and as a presumptive value under the Karnataka Land Revenue Act. All land related transactions in future will necessarily require the PR card. It is therefore important that you immediately get your PR card irrespective of whether you have municipal khatha or not.

 

38.If citizen has municipal khatha and sale deed, is it not sufficient?

Answer of Question No:38


No it is not enough. As has been mentioned above, the municipal khatha has no evidentiary value. Further in India we follow the deed registration system wherein any instrument like sale deed does not result in any guarantee from the State Government that you have indeed become the owner of the property. It can so happen that seller did not have enough right or valid title and he still sold the land. On the other hand mention of ownership on the PR card gives a huge legal presumptive evidence in favour of your ownership of the property and hence is very essential to have.

 

39.How PR card is different from Municipal khatha and sale deed?

Answer of Question No:39


Apart from the above clarifications that municipal khatha/sale deed does not have any presumptive value and that PR card is very much essential for any transactions, there are other values with the PR cards. PR card has many other details which none of the above documents have. For example the PR card has full details about mortgage on your property the lease details, easementary rights and the bank loan details. It is also a very accurate map of the property along with its coordinates. It is indeed a very valuable legal document.

 

40.How is the PR card different from Municipal Khatha?

Answer of Question No:40


 

41.What if the ownership decided by UPOR authority is wrong?

Answer of Question No:41


After you have filed objections and UPOR authorities still goes forward without considering your objections, you can go to higher revenue courts as per section sections 56 & 44 (F) of Karnataka Land Revenue Act.
These authorities are as follows:
a. Revision petition can be filed u/s 56 against EOs order either to the JDLR or Commissioner-SSLR within three years from date of EO’s order. b. 2nd Appeal can be filed to KAT u/s 49(F) against the order of JDLR/ Commissioner – SSLR within 90 days from date of order.

 

42.Is property owner alone taken to confidence before deciding ownership?

Answer of Question No:42


No. Not only the property owner but all the citizens are taken into confidence before deciding ownership. In fact, UPOR authorities will not even know who the property owner is. Opportunity is provided to all citizens to file objections against any draft PR card. It is only after filing of objections by all interested parties that UPOR authorities will know as to what is the problem in draft PR card. For this purpose, all the draft PR cards will be published on the UPOR portal. PR cards will be segregated ward-wise and search can be run on various parameters, such as house number, Khatha number, road name etc., to search a particular PR card of interest to the citizens. Citizens should file objections if they find anything wrong in the PR card of the property they are interested. It is the responsibility of all interested parties, therefore, to be careful and vigilant and either visit to UPOR office from time to time or go over to the UPOR portal and file objections. All the objections are examined by Enquiry Officer and then only final PR card for any property will be issued.

 

43.Are there any opportunities for other vested interest people to raise objection before deciding the ownership for a property?

Answer of Question No:43


No. Not only the property owner but all the citizens are taken into confidence before deciding ownership. In fact, UPOR authorities will not even know who the property owner is. Opportunity is provided to all citizens to file objections against any draft PR card. It is only after filing of objections by all interested parties that UPOR authorities will know as to what is the problem in draft PR card. For this purpose, all the draft PR cards will be published on the UPOR portal. PR cards will be segregated ward-wise and search can be run on various parameters, such as house number, Khatha number, road name etc., to search a particular PR card of interest to the citizens. Citizens should file objections if they find anything wrong in the PR card of the property they are interested. It is the responsibility of all interested parties, therefore, to be careful and vigilant and either visit to UPOR office from time to time or go over to the UPOR portal and file objections. All the objections are examined by Enquiry Officer and then only final PR card for any property will be issued.

44.Will person who raises objection get an opportunity to be heard? How?

Answer of Question No:44


45.What are the opportunities for property owner to appeals?

Answer of Question No:45


As explained in the previous answers within 30 days of draft PR card being published, citizens can raise the objections by filing the same along with the supporting documents. Details of properties for which PR card has been finalized are posted on the UPOR Portal. Notification is put up in the UPOR office/MUDA office/DC Office.

46.When is the opportunity to raise objection for any interested person?

Answer of Question No:46

As explained in the previous answers within 30 days of draft PR card being published, citizens can raise the objections by filing the same along with the supporting documents. Details of properties for which PR card has been finalized are posted on the UPOR Portal. Notification is put up in the UPOR office/MUDA office/DC Office.

47.It is possible to lodge objection in the initial stage itself?

Answer of Question No:47


The objections to PR card can be lodged only after draft PR card has been published. Facility is available to give feedback at any stage right from the measurement of property upto issue of draft PR Card.

48.In how many days appeal to be filed?

Answer of Question No:48


After you have filed objections and UPOR authorities still goes forward without considering your objections, you can go to higher revenue courts as per section sections 56 & 44 (F) of Karnataka Land Revenue Act.
These authorities are as follows:
a. Revision petition can be filed u/s 56 against EOs order either to the JDLR or Commissioner-SSLR within three years from date of EO’s order.

b. 2nd Appeal can be filed to KAT u/s 49(F) against the order of JDLR/ Commissioner – SSLR within 90 days from date of order.

 

49.Will one property will have only one UPOR number or can it have more than one UPOR number?

Answer of Question No:49

One property will have one UPOR Number and the property with exclusive ownership will have only one UPRO No.

50.Does UPOR project capture easement rights?

Answer of Question No:50


Yes. Recording of easement rights is very important objective of UPOR project. Easement right may either come by custom or may accrue to a person because of legal agreement between parties. Normally for older properties in ‘gramathana’ areas there may be no formal records detailing easement rights but on local enquiry UPOR authorities may decide existence of easement rights.

51.Will Bank loan/liabilities on a property get recorded in PR card?

Answer of Question No:51


Yes. All the Nationalized and scheduled banks have been requested to provide loan details of property owners. To the extent we get the information from them the loan details would be entered into the PR card. Citizens are also encouraged to provide the details of their loan liabilities so that the same can be entered in the property card. Banks have also been requested to create electronic integration between UPOR and banks so that whenever loans are sanctioned by the banks to the property owners automatically they get recorded on the UPOR system.

52.What UPOR authorities would do if there is a civil case pending on ownership?

Answer of Question No:52


This would depend upon the orders of the civil case. If the court has not given any interim directions then the name of the owner as per records would be put into the card. If there is any interim order or any interim stay then entries would be made as per those court directions. However the fact that court case is pending on a property will not be shown in the PR card unless and until there are interim or final orders from the court. This is done to ensure that no abuse of court process take place.

53.Will court case stop UPOR authorities? What happens when the case is decided ?

Answer of Question No:53


As was answered in the previous questions, the pendency of court cases will not stop the UPOR authorities from taking up their task of determining the ownership. However, if there is a direction or stay order to UPOR authorities not to determine the ownership then UPOR authorities will follow the directions of the court and not take any action for determining of ownership of the property. After court case is decided, UPOR authorities will update the property card details as per the directions of the court cases. It would be left to the property owner to appeal against the orders of the court in a appellate court if so felt. Further if appellate court gives any directions or stays orders of the lower court then action will be taken as per the directions of the appellate court.

54.Will UPOR authorities record court matter on their own?

Answer of Question No:54


Mere fact of pendency of court cases shall not be recorded on the property card. However the PR card details will be updated as and when court passes any orders in respect of any property for which PR card is maintained by the UPOR authorities.

55.If a property is jointly owned, will a PR card be issued?

Answer of Question No:55


Nothing special will happen if a property is jointly owned. PR card will be issued in such cases in joint name of the owners.

56.What about parking area/common stair case/common terrace, playing area-Who will get PR card?

Answer of Question No:56


This question can be divided into two portions:

1. As far as common stair case/common terrace is concerned nobody would get any PR card for the same.


2. However, if there is a parking area or playing area then PR card will be generated for that property and all the apartment owners who have right on that common area of parking and playing area would have their right mentioned in the PR card of such common area. Please note that name of the owners will not be mentioned into the PR card of the common area. Instead of that, only the apartment unit numbers (UPOR number having rights on common area) will be mentioned. This would be preferred way as owners will keep on changing and if owner names were to be mentioned in the PR card of the common area, then every time PR card of common area will have to be up dated.

57.If property is under lease- will PR card be issued?

Answer of Question No:57


Yes. Every property will have a PR card whether it is under lease or under ownership. However the ownership in such cases will be shown with the owner of the property whereas the lessee details will be mentioned in the section B – Ownership Section of the PR card.

58.If the property is acquired through inheritance –will the PR card be issued even then?

Answer of Question No:58


Yes. PR card is issued for every property whether it is acquired through inheritance or through any other means. Please note that the PR card is for every property and therefore the way of acquisition is immaterial. The PR card will be generated for all the properties and owernship details will be mentioned along with the way in which properties are acquired i.e., through inheritance or sale etc.,

59.If a property is in gramathana- where the property is owned through long usage – will PR be issued?

Answer of Question No:59


60.If no documents are there, can the owner get a PR card only on virtue of possession?

Answer of Question No:60


61.If a owner has occupied more than what he is entitled as per deed- will owner get PR card for his possessed area – (which is more than legal area)?

Answer of Question No:61


A citizen would always get legal rights only on the area they are legally supposed to occupy. Just because he is occupying more area that what he is supposed to legally occupying, he shall not become owner of the occupied area. There may be intentional or unintentional encroachments by him on his neighborhood property or on the adjacent Government land. He does not get right on these portions of the properties. The PR card would therefore not give any extra right on the extent which is over and above the area what he is supposed to legally occupy.

62.If a owner has encroached a small portion of land, will it get identified?

Answer of Question No:62


Yes. Any encroachments by a owner of the property will be identified and noted into the PR card. If he has encroached on the Government road or Government drain the same shall be drawn and shown into the sketch which is a part of the PR card. If he has occupied the neighborhood property and if it is clearly brought out as to where the encroachment is, then the same shall be noted in the PR card also.

63.If there is an encroachment of land on road side- is PR card issued for encroached area?

Answer of Question No:63


PR card shall give rights to the citizens only for the extent he is legally entitled to. Any encroachment on Government land will not make him the owner of that land. Further, such encroachments shall be clearly noted and drawn in the map in the PR card. It shall be the job of the concerned authorities to then remove that encroachment.

64.What if the property owner has encroached a portion of land belonging a neighboring person?
65.Various Hon’ble Supreme court judgement are quoted that possession prevails over legal documents. Will UPOR authorities take cognizance of this judgement?

Answer of Question No:65


In each of such cases of adverse possession, the owner will have to produce a judgement from the competent court. The UPOR authorities will examine the judgement and then appropriate decision will be taken as per court order whether to mention the encroached area in the name of the encroaching party or not. But it may be noted that the mere principle of adverse possession will not mean that UPOR authorities will show all the encroachment area in the name of encroaching party.

66.Will UPOR help a property owner to get his land identified if encroached by neighboring property owner?

Answer of Question No:66


Yes. There would be services in UPOR where citizens can request for fixing the exact legal boundary of an owner. The liability would be on such owner to produce enough documents which can help UPOR authorities to unambiguously fix the legal boundaries on the ground. However, it shall be left to the parties to then approach appropriate courts to evict the party who has encroached upon the land.

67.Is ownership of property presumptive in nature?

Answer of Question No:67


Yes. The documents created under the UPOR system or for that matter under the ‘Bhoomi’ system are all presumptive in nature. This is because the land laws of the State do not provide for conclusive title to the property. This means that data entered in UPOR system can be challenged by any other party. Further having said so the presumption would be that owner of the property is that person in whose name PR card exists. It shall be the responsibility of the contesting parties to produce enough paper before the civil court to show that he is owner of the property. In many cases it becomes very difficult to rebut such presumption by other parties.

68.Will UPOR PR card guaranteeing the title?

Answer of Question No:68


QNo:67.Is ownership of property presumptive in nature?

Yes. The documents created under the UPOR system or for that matter under the ‘Bhoomi’ system are all presumptive in nature. This is because the land laws of the State do not provide for conclusive title to the property. This means that data entered in UPOR system can be challenged by any other party. Further having said so the presumption would be that owner of the property is that person in whose name PR card exists. It shall be the responsibility of the contesting parties to produce enough paper before the civil court to show that he is owner of the property. In many cases it becomes very difficult to rebut such presumption by other parties.

69.Will UPOR system lead towards guaranteeing title system?

Answer of Question No:69


Yes. The titling system is a system in which the Government guarantees the correctness of the entries in the property ownership records. It also compensates any loss which person suffers whose name is shown as owner of the property. Titling system is in force in many of the countries like Australia, Scotland, New Zealand, United Kingdom, Malaysia and Thailand. Such titling system brings peace into the mind of the people and opens up land based economy and land based market. The whole idea of fresh survey and fresh titling enquiry under the UPOR project is to create such clean records which can serve as a basis for migrating towards the titling system. It is well understood and appreciated that for any titling system to succeed, clean records is must. UPOR system is a first step in that direction. Gradually the State Government may move towards the titling system and in such eventualities UPOR records will help in such migration.

70.Will slum dwellers also get PR card?

Answer of Question No:70


If the Slum has been created by the Slum Development Board then each of the slum dwellers will get PR card for property which has been allotted to him by Slum Development Board. However residents of any slum which is unauthorized (such slums will be recorded separately) will not get PR card.

71.Will Ashraya scheme allottee also get PR card?

Answer of Question No:71


72.Will there be uniform fees for all in UPOR system?

Answer of Question No:72


No. The economically weaker section of the society and the owner of the small properties will pay proportionately lesser fees for getting their PR cards and for records updation when they do any transaction on such properties. On the other side the owners of bigger size property and owners of commercial properties will have to pay a little higher fee.

73.Will commercial properties owners haveto pay higher rates for their PR cards?

Answer of Question No:73


QNo:72.Will there be uniform fees for all in UPOR system?

No. The economically weaker section of the society and the owner of the small properties will pay proportionately lesser fees for getting their PR cards and for records updation when they do any transaction on such properties. On the other side the owners of bigger size property and owners of commercial properties will have to pay a little higher fee.

74.Will all Government properties be identified in UPOR project?

Answer of Question No:74


Yes. This is one of the important objectives of this programme. All the properties which are owned by Government or Government Departments will be clearly demarcated and property card issued in favour of those departments. Thereafter it will not be possible for anybody to maliciously do any transactions on such Government properties. All the encroachments on the Government property shall also be identified.

75.Are encroachments on Government properties identified through UPOR system?

Answer of Question No:75


Yes. There are various sophisticated and well accepted means including geo-referencing of village maps. All efforts will be made to detect encroachments on Government land. Such precious land will, therefore, be recovered from unscrupulous elements and land grabbers by the concerned authorities through a separate process.

76.In a already developed city is it possible to identify the Government property – which existed in old village records? I am told that old village records will not help in developed city to identify erstwhile Government lands?

Answer of Question No:76


This is wrong understanding. With the help of Satellite and sophisticated computer programmes, it is certainly possible to geo-reference old maps and detect encroachment on Government land even if such eventualities had happened much earlier. All these tools will be used in conjunction with the services of expert surveyors of Revenue Department to identify all such encroachments.

77.Is it possible to identify sy. No. of old village records after a city has grown tremendously?

Answer of Question No:77


78.How accurately the Government lands can be identified?

Answer of Question No:78


With accuracy of 1 meter or even less - UPOR will be able to identify Government land as they were shown in the village maps. In many cases this accuracy will be much higher.

79.What procedure UPOR will adopt to identify and detect encroachment?

Answer of Question No:79


The approved layouts of the developers or the Government agencies like MUDA will be one of the base documents for UPOR authorities. Comparison of the legal area which was supposed to be there with the owner with the possessed area will be another basis for the UPOR authorities to detect any encroachments. In case citizen possesses more area than what he was legally entitled to then it shall be the liability of the citizens to explain as to how he got extra area. Otherwise the extra area will not be shown to be owned by him. The road alignment will also help the UPOR authorities to identify and detect any encroachment on the road side drains or even on the road by the property owners. However it shall be the responsibility of the local bodies to then get encroachments removed. The UPOR authority will just identify such encroachments and report to the local authorities.

80.How will fake /bogus records created on Government lands be identified in UPOR?

Answer of Question No:80


81.For the mistake of some land grabber who has created bogus documents – the present occupant who is innocent will be punished?

Answer of Question No:81


UPOR authority will not be able to answer this question. It is for the person who occupies to fight legally with the land grabber. As far as Government is concerned if a Government land has been encroached by way of creation of bogus documents then the present owner does not get any right on that property.

82.Will Government compensate if the present owner is evicted after being identified as encroacher on Government land?

Answer of Question No:82


As per present policy of the Government such owners who are occupying the Government land, will not get any compensation from the Government. The law mentions about initiating criminal case for occupying the government land.

83.Will UPOR help in getting compensation from a private encroacher, if he has encroached neighbors property?

Answer of Question No:83


No. the responsibility of the UPOR authorities would only be to clearly indicate which portion of your property has been encroached by your neighbors. For this you will have to provide all documents to show the exact location of the property. After UPOR authorities have shown the encroachments it shall be for you to file case in appropriate courts and claim compensation.

84.Is all process in UPOR transparent?

Answer of Question No:84


The whole system is IT enabled with strict process controls and audit system in place. All efforts have been made by the UPOR designed to make the UPOR system transparent. However in unlikely event of anything going wrong the citizen can file complaint on the UPOR portal and the UPOR authorities will immediately take up such grievances and redress the same.

85.Do citizen have mechanism to know about the stage of PR card creation?

Answer of Question No:85


Yes. UPOR portal will help you to find out the chaltha number of your property. You can also find out whether the property has been measured, whether title enquiry of your property has been carried out or not. You can also approach the helpdesk created in UPOR offices/ City Corporation/Municipalities of your city and the Urban Development authority office. The help desk people will answer all your questions in this regard.

86.Is UPOR connected to ‘Kaveri’ like ‘Bhoomi’ is connected?

Answer of Question No:86


Yes. It is proposed to connect to ‘Kaveri’ (Registration system) system to UPOR system so that from the beginning itself. ‘Kaveri’ would use the UPOR data so that unscrupulous people or those who are not the owners of the property are not able to do any transactions on properties. Such electronic integration will also ensure automatic updation of ownership data in the UPOR system.

87.Will mutation process be automatic – as in ‘‘Bhoomi’’ for agricultural property.

Answer of Question No:87


The initiation of mutation process will be automatic in case of any property registration. Soon after the property is registered in a sub-registrar office the mutation will automatically get initiated.

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