• Documentation for purchase of apartment in bangalore

I am interested in purchasing a apartment in bangalore. But if find that there is something called A khata adn B khata. Most of the apartments i have seen are B Khata and in complexes containing about 100 such apartments and about 60 percent are occupied. Light connection is also there. Is B Khata illegal??

What are the documents that i should obtain from the seller so that i can show to a competent lawyer.

Moreover, it appears to be a trend in Bangalore to not give the title documents unless the prospective buyer pays the token booking amount of Rs one lac, which sellers claim they will refund... What do i do can you advise pls. i am confused and hesitant to invest ..
Asked 7 years ago in Property Law
Religion: Hindu

3 answers received in 2 hours.

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12 Answers

Sir, OC stands for occupation certificate and CC stands for clearance certificate .. It is when builder recieves both OC & CC he can offer possession to the allotees..if the seller is the first owner , see builder buyer agreement and the conveyance deed in his favour .. If he is not the original ( first) buyer see the sale deed in his favour.. Obtain a photocopy from him and get it varified in the tehsildar office by an advicate

Hemant Chaudhary
Advocate, Gurgaon
4630 Answers
67 Consultations

1) he B Khata is a separate register maintained by the BBMP that lists the illegal properties that have ownership in the city of Bangalore, even when the civic charges for the property have been paid by the owner.

2)The B Khata pertains to the Section 108A of the Karnataka Municipal Act, 1976 that was amended in 2009. This register enables the BBMP to collect taxes from buildings constructed illegally, which include properties in violations of bylaws, constructions in revenue land or unauthorized layouts, or properties without completion or issuance certificates. The B Khata properties can be upgraded to A Khata properties by fulfilling a few criteria such as payment of all property taxes till date, DC converted property and payment of Betterment Charges as levied by the BBMP.

3)check whether original chain of title documents are with seller

4) check whether building plans are sanctioned by BBMP

5) check whether building completion certificate or OC is issued by BBMP

6)if you enter into any MOU get it drafted by local lawyer . it should provide that seller will refund the advance payment if on inspection of tile documents it is found that title is not clear and marketable

Ajay Sethi
Advocate, Mumbai
96803 Answers
7810 Consultations

if building has no OC it would imply building had not been constructed as per sanctioned plans

2) Municipal corporation can demolish unauthorised construction

3) builder can sell flat in under construction project without OC

4) builder cannot offer possession without OC

Ajay Sethi
Advocate, Mumbai
96803 Answers
7810 Consultations

dont purchase the flat without OC

if building has been completed as per sanctioned plans OC would be issued

Ajay Sethi
Advocate, Mumbai
96803 Answers
7810 Consultations

file application with BBMP to obtain copies of sanctioned plans

2)the Supreme Court effectively put the brakes on the controversial Akrama-Sakrama scheme which allows regularisation of unauthorised constructions.

Admitting the special leave petitions (SLP) filed by the Namma Bengaluru Foundation and MP Rajeev Chandrashekar against the December 13, 2016 verdict of the Karnataka High Court which upheld the scheme, the apex court bench headed by Chief Justice of India JS Khehar asked the authorities not to process applications filed under this scheme.

The bench declined the request of the state government, which had entered a caveat to expedite the hearing. The SLP has been converted to a civil appeal and will be heard in due course of time.

The petitioners contended that the high court failed to consider the effect of the newly inserted section 76FF of the Karnataka Town and Country Planning Act, 1961, is uncanalized and excessive vis-a-vis section 14A of the Act concerning the master plan where changes are permitted only if they are in public interest and doesn't contravene any law.

The petitioners also stated that BBMP's building bylaws permit not more than 5% deviation whereas the scheme proposes to regularize 50% violations.

Ajay Sethi
Advocate, Mumbai
96803 Answers
7810 Consultations

You will have to file the RTI at Development Authority of the building to see all the sanctions that the builder got.

Anilesh Tewari
Advocate, New Delhi
18090 Answers
377 Consultations

Please do not buy a property without OC and CC, you might end up putting yourself in legal trouble in future.

Regards

Anilesh Tewari
Advocate, New Delhi
18090 Answers
377 Consultations

There is no mention of the word B-Khata in the KMC Act of 1976 and it is a false name for the B-Register which the BBMP maintains separately to record the details of property tax collected from unauthorized commercial or residential plots and these revenue lands are converted by the deputy commissioner for providing civic facilities and entered them into this B-Register.

"B" KHATA refers to the following types of Land/building: a) where the Layout plan is not approved by Town Planning Authority but approval is obtained from Gramathana/Panchayat, b) where the Conversion order has not been obtained from the Deputy Commissioner and c) The Land/site is not situated in the Residential Zone of the Development Plan. The Municipal Tax in respect such property is collected by BBMP and recorded in "B" Register maintained in the concerned Municipal Ward and the "Khata" or account in respect of the Land/building is referred to as "B" Khata.

As far as getting legal opinion from a lawyer, you consult one, he/she will let you know what all documents you will be required to produce before him/her.

There is no guarantee that the seller will return the advance amount immediately if you reject his offer.

Hence dont pay any advance that too to that exorbitant extent.

T Kalaiselvan
Advocate, Vellore
87004 Answers
2335 Consultations

please provide full list of documents and permissions to be taken from the seller.

is it permissible to sell flats without Occupancy Certificate?

Here is a list of important property documents required to buy an apartment or an independent house.

Sale Deed: ...

Mother Deed: ...

Building approval plan: ...

Commencement Certificate (For under construction property): ...

Conversion Certificate (Agricultural to Non-Agricultural land): ...

Khata Certificate and Khata Extract:

Encumbrance Certificate (EC

Betterment charges paid receipt.

Power of attorney deed,

latest tax paid receipts,

Completion Certificate (for a constructed property)

Occupation certificate:

When the builder applies for this Certificate, an inspection is carried out by the authorities to ensure that the construction meets all the specified norms. This certificate is obtained after the completion of the construction. It is important at the time of buying a property, seeking a home loan, before the builder allows people to take possession of the property and, for the transfer of Khata. Basically, it certifies that the project is ready for occupancy.

T Kalaiselvan
Advocate, Vellore
87004 Answers
2335 Consultations

properties i have shortlisted do not have OC ...also what is CC?

Occupancy Certificate (for a constructed property):

When the builder applies for this Certificate, an inspection is carried out by the authorities to ensure that the construction meets all the specified norms. This certificate is obtained after the completion of the construction. It is important at the time of buying a property, seeking a home loan, before the builder allows people to take possession of the property and, for the transfer of Khata. Basically, it certifies that the project is ready for occupancy.

Completion Certificate (for a constructed property):

A Completion Certificate is issued by the municipal authorities denoting that the building is in compliance with their rules in terms of height, distance from the road, and is constructed as per the approved plans etc. This document is important at the time of purchasing a property and seeking a home loan.

T Kalaiselvan
Advocate, Vellore
87004 Answers
2335 Consultations

so i can conclude that if the flat does not have OC then i cannot buy it.

You can judiciously decide about it.

T Kalaiselvan
Advocate, Vellore
87004 Answers
2335 Consultations

to whom does one apply under RTI to get copies of sanctioned plans and all documents pertaining to the construction, can u give me full details of akrama sakrama - any court rulings in this? what is status.

A building plan is sanctioned by the BDA (Bangalore Development Authority) or BBMP (Bruhat Bengaluru Mahanagara Palike) or BMRDA (Bangalore Metropolitan Region Development Authority) or BIAPPA (Bangalore International Airport Area Planning Authority) without which the construction of the building is illegal under the Karnataka Municipal Corporations (KMC) Act. A building owner has to get an approved plan from the jurisdictional Commissioner or an officer authorized by such Commissioner. However, the authorities sanction a building approval plan based on the zonal classification, road width, floor area ratio (FAR) and plot depth. A set of documents are required to be submitted by the owner in order to obtain a building approval plan.

You can get the copy of the approved plan from the seller or the builder.

Akrama sakrama has not been implemented yet, hence you may wait for the implementation for knowing the correct details of it.

T Kalaiselvan
Advocate, Vellore
87004 Answers
2335 Consultations

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