• BBMP A Khata flat from Land owner's share

Hello Sir/Madam,
I am planning to buy an apartment which was completed around Q3 of 2016. The apartment I am interested to buy is in land owner's share. Land owner is saying that there are no deviations in the project and they will get the Occupancy Certificate, one inspection has already been done. He says that if I register this now before OC is issued, I will get B-Khata for this apartment even though it is a BBMP A-Khata site/project. My questions are:

If it is in compliance (to be assessed by civil engineer), can I buy the property with the hope of getting OC down the line?
Is it correct that even though the project is BBMP A-Khata, without OC, I will get B Khata papers on registration?
What is the probability of getting this converted to A-Khata once I get OC? Any charges I am supposed to pay later.
Thanks for your help in advance. Regards.
Asked 7 years ago in Property Law
Religion: Muslim

First answer received in 10 minutes.

Lawyers are available now to answer your questions.

5 Answers

1) dont purchase the flat before issue of OC .

2)The OC from the planning authority is essential for any construction as per the provision of law. A buyer can move into his/her new apartment only once the OC has been received,

3) you cannot trust the developers . OC is not required for registration of the property during purchase.

4) The occupation certificate is also required when the buyer applies for Khata.

5) A buyer will face problems obtaining Khata without an OC

Ajay Sethi
Advocate, Mumbai
95208 Answers
7610 Consultations

5.0 on 5.0

Unless and until OC is issued would not recommend you to purchase the flat

Ajay Sethi
Advocate, Mumbai
95208 Answers
7610 Consultations

5.0 on 5.0

A. Occupancy Certificate is very seminal document to establish your marketable title over apartment flat from the point of future deal.

B. When a residential apartment has been completed as per the norms approved building plan that concerned BBMP/BDA/BMRDA engineer will visit the spot and issue the completion certificate (CC) to the building subject to non deviation building. However, deviation up to 5% is permissible as per the BBMP bye laws subject to penalty.

C. You can visit the local authority office to get clear clarity towards this project and can raise query as to whether this project has been completed as per the building approved plan or not? and Is there any legal lacuna to issue OC to this project or not?, In addition to this, you can contact local registered engineer to inspect the project to get deviation clarity.

D. A Khatha is different from Occupancy Certificate. You could see many flats have got A-Khatha in the absence of Occupancy Certificate which means high rise building must get OC. Moreover, All OC flats are having A Khatha but all A-Khatah flats might not have Occupancy Certificate. When a property is converted for residential purpose and got building approved plan, NOCs from KSPCB, FIRE, AIRPORT, BSNAL, BESCOM AND BWSSB and paid betterment charges. tax payments and complied all the legal requirements will get A Khatha. However, the point is that the said project might complied all the legal requirement without following building norms as depicted in approved plan which means deviation more than 10%. Under this situation, OC will be rejected but A-Khatha will be provided. For your information, once the flat is sold out and get the registration for under construction property that you will get Khatha based on Sale Deed's document to pay tax payment.

E. When project is completed and most of the flat buyers already occupied the premises without obtain OC that seems to be something went wrong in the procedural aspects and you can presume that much deviation could be seen. Hence, you must get commitment clause from the land owner towards the OC without demanding any additional clause. Else the land owners will demand much money in future to provide OC.

B.T. Ravi
Advocate, Bangalore
943 Answers
96 Consultations

5.0 on 5.0

If it is in compliance (to be assessed by civil engineer), can I buy the property with the hope of getting OC down the line?

Since the owner is not knowing when he will get OC and whether he will get A khatha due to the reasons that this property is till in B khatha, you may hav to take legal opinion with all documents in your possession.

Is it correct that even though the project is BBMP A-Khata, without OC, I will get B Khata papers on registration?

The akrama sakrama scheme is not yet in sight hence it cannot be said that all the documents would conform to the requirement. Hence better refer the papers before a local advocate and obtain opinion in person.

Is it correct that even though the project is BBMP A-Khata, without OC, I will get B Khata papers on registration?

What is the use of B khatha even if you get the property registered but not having the patta, so wait for it to certain extent which will fetch you the benefits.

T Kalaiselvan
Advocate, Vellore
85409 Answers
2237 Consultations

5.0 on 5.0

Thank you for your responses, appreciate your inputs.

One question is that, if a civil engineer physically checks the approved plan at the site and verifies that the builder has complied to the approved plan from the authority, would it be okay or do you still won't recommend it?

Eve after a certificate by the engineer, you may obtain a legal opinion from a lawyer for safety reasons.

T Kalaiselvan
Advocate, Vellore
85409 Answers
2237 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer