The state government has introduced a new document called the urban
property ownership record (UPOR) and made it compulsory for any
transaction of the property. It costs between Rs. 300 and Rs. 1200
depending on the size of the property. It appears to be a new way for
the government to make money at the expense of the people.
The UPOR seems designed to the jobs of two documents, the
title/lease cum sale deed (given by MUDA) and the No Encumbrance
Certificate given by the sub-registrar's office. Why a new document is
needed is not clear, especially when it has the following problems.
1. As the UPOR itself says, it was issued under Rule 83(1) and 84(4)
of the Karnataka Land Revenue Rules, 1966. These rules mandate that the
measurements will be done by a survey officer appointed by the revenue
department. In some UPOR documents we have seen, there is a column "Plot
area as per documents". Such a column violates Rules 83(1) and 84(4) of
the Karnataka Land Revenue Rules, 1966, since the area is not based on
measurements made by the revenue department.
If Rules 83(1) and 84(4) of the Karnataka Land Revenue Rules, 1966 are strictly followed and the dimensions are measured by a survey conducted by the revenue department, they may not match the dimensions on title deeds!
If Rules 83(1) and 84(4) of the Karnataka Land Revenue Rules, 1966 are strictly followed and the dimensions are measured by a survey conducted by the revenue department, they may not match the dimensions on title deeds!
According to the courts, the title deed is the definitive proof
of the dimensions of the property. What then is the value of UPOR when
it comes to site dimensions?
2. The UPOR gives the "cadastral map" of the property. According to
the dictionary, cadastral map means "a public map of the land as a basis
of taxation". But Mysore City Corporation assesses property tax based
on its own maps made by its own surveyors. The registration fee and the
stamp duty charged by the sub-registrar's office in property
transactions is based on the title deed given by MUDA and not on the
basis of the cadastral map. So, in what sense is the map of the UPOR
cadastral?
3. As it is, we have two important documents, MUDA title deed and
MCC khatha record referring to site dimensions and in many cases, they
do not agree with each other. Why muddy the waters even more by
introducing another document, the UPOR map which may not agree with
either of the above?
4. Some of the information given on the UPOR is based on the
statement of the owner. For example, if an encumbrance is created on the
property or if there is a legal dispute on the ownership of the
property and the courts have issued some orders, the UPOR is not
automatically updated. If the owner of the property does not disclose
this information, it does not get on the UPOR. Since it costs money and
effort to update this information, what incentive does the owner have to
disclose the information? If the UPOR is not up-to-date, what is its
use?
As of now, it is learnt that the sub-registrar's offices have
not received instructions to make UPOR compulsory for property
transactions. The complete computerization of the registrar's office and
the courts and the interlinking of revenue department records with
those of the registrar and the courts will take several years at least.
Till that time, UPOR will cost Rs. 300-1200 to the public and will
remain a fairly useless document.
We have not been able to find any legislation which makes UPOR
compulsory for property transactions. Till such a law is passed, the
government can not force the citizens to obtain UPORs.
G.L. Nagaraj Urs, Mysore Grahakara Parishat