The real meaning of the word zones in describing various locations of property in Goa has always been something that everyone wants to have a clear mind on. The landed property in Goa is classified under different zones, depending on the location and environ of the property.   Another common term used in the real estate parlance has been the abbreviation FAR.  Floor Area Ratio (FAR) is simply the ratio of the area constructed to the area of the plot.  If there is a plot of area 100 square meters and 100% FAR is permissible, it means that a total of 100 square meters can be built up on the plot. However, the ground floor can cover at most only 40% of the plot area; the balance permissible built-up area can be utilized on the upper floors 

What is a ZONE in real estate parlance in Goa?

It is the classification given to various areas depending on its use 

How many zones are there as per Planning and Development Authority or Town and Country Planning Department

Basically there are nine types of ZonesThey are:

I    Residential

II   Commercial 

lII  Industrial

IV  Public/ Semi Public/ Institutional

V   Transport, Warehousing, Communication

VI  Parks, Playgrounds, Recreational

VII Agriculture

VIII     Natural Reserve

IX       Conservation Uses and sub-classification are as follows 

I     Residential      

 S1 -       Urban settlement - FAR 100% 

S2 -       Semi Urban or Village settlement - FAR 80%      

S3 -       Semi Urban or Village settlement - FAR 60%      

S4 -       CRZ regulations 

II    Commercial      

C1-        Central Commercial - FAR 200%      

C1-        Local Commercial - FAR 150%      

C1-        Rural Central Commercial - FAR 100%      

C1-        Rural Local Commercial - 80% 

III   Industrial      

 I1 -        Light Industrial - FAR 100%      

I2 -        Medium Industrial - FAR 100%      

I3 -        Heavy Industrial - FAR 100% 

IV         Public/ Semi-Public/ Institutional       P -         FAR 100% 

V   Transport, Warehousing, Communication       T - FAR 60% 

VI         Parks, Playgrounds, Recreational       R -         5% 

VII       Agriculture      A-1 –      10% 

VIII       Natural Reserve      A-2 -       10% 

IX         Conservation             All uses prohibited 

What is Coastal Regulation Zone (CRZ)?

Coastal regulation zone is the area from the spot marked as the high tide line and going up to 500m towards the land.  In the case of rivers, creeks and backwaters, the distance from the high tide level shall apply to both sides and this distance shall not be less than 100 meters or the width of the creek, river or backwater; whichever is smaller. (Refer to Notification issued by the Ministry of Environment and Forests in Feb 1994).  There are four categories of coastal regulation zones (CRZ).

Category - I (CRZ I)Those areas that are ecologically sensitive and environmentally important; such as national parks, marine parks, sanctuaries, reserve forests, wildlife habitats, mangroves, corals/coral reefs, areas close to breeding and spawning grounds of fish and other marine life, areas of outstanding natural beauty, historically important sites and heritage areas, areas rich in genetic diversity, areas likely to be inundated due to rise in sea level consequent upon global warming and such other areas as notified by government from time to time .

Category - II (CRZ I I)This category covers those areas that have already been developed up to or close to the shoreline. Here the developed area is referred to as the area within municipal limits, or other legally designated urban areas, which is already substantially build up and has been provided with drainage and approach roads and other infrastructure such as water supply and sewerage lines.

Category - III (CRZ III)This has in its gambit areas that are relatively undisturbed and those which do not belong to either category I or II. These will include coastal zones in rural areas developed or undeveloped and also areas within municipal limits or in other legally designated urban areas which are not substantially built up.

Category - IV (CRZ IV)Specific to Andaman & Nicobar Islands, Lakshadeep and other small islands.  

Registration: Deeds, The process and requirements

  Here, we have tried to bring out the requirements that have to be adhered to before registering a document, while also making it a point to answer a few frequently asked questions at the end of it. A Sale Deed is the only type of purchase document:  

Deed of Sale: This deed is absolute after it is executed, giving the purchaser total rights and peaceful possession of the property without any sort of conditions.  Conditions incorporated in a Deed of Sale are infructuous.  Normally all financial transactions are completed prior to signing the Deed of Sale.  

Agreement for sale: This is not a purchase document.  It is a document arising out of two parties agreeing to a sale/purchase under certain conditions mentioned in the agreement.  The outcome of the agreement depends upon fulfilling of conditions in the agreement by both parties.  The conditions put therein are legally binding on both parties. An agreement of sale safe guards the interests of both, the buyer and seller. An Agreement of Sale is generally drawn when the property in reference is still under construction. Subsequently, when the construction of the property is complete, a Sale Deed should  be made.

Memorandum of Understanding: This is again not a purchase document.  This document states that the parties have agreed to certain transactions based on which both parties can proceed with financial and legal arrangements.  This document is not legally binding on either party and the conditions are in fact only a commitment for future reference to the parties. The addition of this document, is at times found necessary, to incorporate terms that are not otherwise mentioned in a Agreement of sale or a Deed of sale and to facilitate the sale/ purchase of property based on a written understanding. 

Registration of DocumentsIt is imperative to register a document so that it can be considered evidence of a legal transaction. An unregistered document is not legally recognized as evidence, to prove transactions.  

The Deed of Sale or Agreement for Sale are sworn affidavits and as a result, if one owner executes two Deeds of Sale or Agreements for Sale with two different parties for the same property, he is liable to criminal proceedings according to law.  Therefore, to safeguard the interests of the buyer, every Agreement for Sale or Deed of Sale must be registered with the Sub-Registrar. All documents are registered under the Registration Act 1908.  This is to be done before the Sub-Registrar in whose jurisdiction the property lies.

 Basic requirements to be noted before registering a document:-  

 (i)              It is requested that unsigned documents should not be brought to the office.  It is the duty of the Lawyer/his staff to ensure that the documents are signed, preferably in their office under their guidance.

(ii)             The date of purchase of the stamp paper should be earlier than or the same as the date the document is signed.

(iii)            All copies of the plans attached must be signed by the parties concerned.

(iv)           The nationality and age of all the parties signing the document must be mentioned.

(v)             Each alteration, erasure, interlineations or blank in the text should be attested (initialed) by all parties.

(vi)           Documents must be typed only on one side of the page by keeping the reverse side blank and in double line spacing.

(vii)          Any plan that is enclosed must conform to A4 size only. 

(A)    Stamp Paper Value:- 

(i)              Market value should be correctly stated in the document.

(ii)             The words ‘Market value’ should be mentioned in the text since the stamp duty depends upon the same. The value of stamp paper and registration charges at the office of the Sub-Registrar, are as per government notifications from time to time. 

The present rates are: 

Registration of Deed of Sale:          Stamp Paper Value: 2% of the value of the property of which          

Registration Charges: are 1% of the value of the property 

 Registration of Agreement for Sale         

Stamp Paper Value:                    

  For Agreement for Sale of property, the stamp paper of 1% of the value of the property must be used.         

Registration Charges: Rupees 300-400 of the value of the property  

(B)    Identification of property by complete description:-

Complete description means the following:-

 (i)              The name of the Village Panchayat or Municipal area, Taluka Sub-District, District, where properties is situated;

(ii)             Clearly state the boundaries (name of the street, if in town);

(iii)            Land Registration number and Matriz number (mention ‘not described/inscribed’ if such numbers do not exist);

(iv)           Survey number; with Sub-Division, if any.

(v)             Area of the property to be registered. 

(C)      Papers to accompany documents:-  

(i)       True copy’ of the deed on green ledger paper (xerox);

(ii)      Attested copies of Power of Attorneys, if any

(iii)      Copy of map/plan if mentioned in the text;

(iv)      No Objection Certificate from Planning Development Authority, if

property is situated within planning area.

(v)       Affidavit by foreigners under Section 2 v (b) (i) of FEMA, if required.

(vi)      All relevant documents in the case of litigations.

(vii)             Information under Section 285 BA of the Income Tax Act 1961 for transaction above 30 lakhs, if applicable.All fees are to be paid at the time of presentation of document against a receipt. (In case the amount of fees is substantial, the same may have to be paid by a chalan in the Treasury).  The document can be collected after 21 days of the registration.

Registering a Document

Basic requirements to be noted before registering a document:-   

(viii)      It is requested that unsigned documents should not be brought to the office.  It is the duty of the Lawyer/his staff to ensure that the documents are signed, preferably in their office under their guidance.

(ix)         The date of purchase of the stamp paper should be earlier than or the same as the date the document is signed.

(x)           All copies of the plans attached must be signed by the parties concerned.(xi)         The nationality and age of all the parties signing the document must be mentioned.

(xii)       Each alteration, erasure, interlineations or blank in the text should be attested (initialed) by all parties.

(xiii)     Documents must be typed only on one side of the page by keeping the reverse side blank and in double line spacing.

(xiv)     Any plan that is enclosed must conform to A4 size only. 

(D)  Stamp Paper Value:- 

(iii)         Market value should be correctly stated in the document.

(iv)         The words ‘Market value’ should be mentioned in the text when the stamp duty depends upon the same. 

(E)   Identification of property by complete description:-

Complete description means the following:-

 (vi)          The name of the Village Panchayat or Municipal area, Taluka Sub-District, District, where properties is situated;

(vii)        Clearly state the boundaries (name of the street, if in town);

(viii)      Land Registration number and Matriz number (mention ‘not described/inscribed’ if such numbers do not exist);

(ix)           Survey number; with Sub-Division, if any.

(x)             Area of the property to be registered. 

(F)     Papers to accompany documents:-  

(viii)      ‘True copy’ of the deed on green ledger paper (xerox);

(ix)           Attested copies of Power of Attorneys, if any

(x)             Copy of map/plan if mentioned in the text;

(xi)           No Objection Certificate from Planning Development Authority, if property is situated within planning area.

(xii)         Affidavit by foreigners under Section 2 v (b) (i) of FEMA, if required.

(xiii)       All relevant documents in the case of litigations.

(xiv)       Information under Section 285 BA of the Income Tax Act 1961 for transaction above 30 lakhs, if applicable.

All fees are to be paid at the time of presentation of document against a receipt. (In case the amount of fees is substantial, the same may have to be paid by a chalan in the Treasury).