• Selling B khata property

Hello sir,
I have bought and registered my flat in year 2014, now I wish to sell this property for which occupancy certificate is not issued by bbmp, Bangalore till date as some part of construction is pending as builder ran out of funds.
Now I have prospective buyer who wish to buy this flat but want to know will he come into any legal problems is he buy this flat. 
I have paid all the taxes till date , there is no dues by the local authority. 
Secondly I have not done the khata transfer of the property as builder told me to wait till the occupancy certificate comes to avoid any undue hassles from authorities. But the buyer lawyer wants me to first get the khata in my name and then to sell the property. Is it necessary ? 

Pls help here
Vipin
Asked 7 years ago in Property Law
Religion: Hindu

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5 Answers

1. It is true that the owner of the property has to have Khata in his name to enable him to sell the property.

2. At the time of registration of the property in favour of the purchaser, the seller has to provide Khata of the property in his name to enable registration of the property in the name of the purchaser.

3. To answer whether the purchaser is likely to confront any legal problems in future or not in case he buys your property and to provide legal opinion on the property, one has to go through the documents and arrive at correct opinion

Shashidhar S. Sastry
Advocate, Bangalore
5182 Answers
316 Consultations

5.0 on 5.0

1) wait for issue of OC . Without OC you cannot occupy the flat

2) OC would indicate that building has been completed as per sanctioned plans

3) if construction is unauthorised BBMP can demolish the unauthorised construction

4) obtain khata in your name then sell the flat

5) you would get better price of your flat

Ajay Sethi
Advocate, Mumbai
95205 Answers
7607 Consultations

5.0 on 5.0

It is a false myth that one cannot sell the property without 'A" Katha. Most of the properties in Bangalore are having 'B' Katha. In your case, after purchase you must get the flat Katha duly bifurcated and registered into your name, the registration was done on the basis of 'A' Katha for the land, after construction the building must be assessed to tax for which purpose, you must submit your registered sale deed and latest E.C certificate along with tax paid receipt latest, as documents to seek bifurcation and registration of katha in your name.

If the builder is unable to obtain the occupancy certificate it is his problem, he must sort it out at the earliest, this will cause problems to the all the residents as well.

If you have a buyer and are getting a good price for your flat, get the katha duly transferred into your name and sell the flat, don't wait for the builder.

Kiran N. Murthy
Advocate, Bangalore
1298 Answers
194 Consultations

5.0 on 5.0

Secondly I have not done the khata transfer of the property as builder told me to wait till the occupancy certificate comes to avoid any undue hassles from authorities. But the buyer lawyer wants me to first get the khata in my name and then to sell the property. Is it necessary ?

You can apply for khata transfer to your name, however your application may not be entertained if you do not produce the occupation certificate issued by the authorities, you may check it up.

T Kalaiselvan
Advocate, Vellore
85404 Answers
2236 Consultations

5.0 on 5.0

If I cannot sell this flat just because being a first owner, why did sub registrar did the registration of this flat without valid clearance from bbmp? Just because of their collection of taxes, why a normal citizen cannot exercise his rights for the flat

You cannot question the authorities.

The registrar has no concern with the occupancy certificate or any other local civic body approval.

The registrar is not at fault to register the property.

Th registrar is a different department to that of the revenue or local civic authorities.

T Kalaiselvan
Advocate, Vellore
85404 Answers
2236 Consultations

5.0 on 5.0

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