Want to know the legality of my plot and correct survey number
I have a residential plot in Bangalore of B Khata which I purchased some 10 years back from a private developer called Karnashree and got it registered. The plot is located at Medahalli Village near Old Madras Road. I have still not constructed anything on it. I am planning to sell this plot for some personal reasons. But when I decided to sell, I got to know that most of the plots including mine is in litigation and the case is in the court. I also came across the holdings placed in the layout which mentioned the litigation, survey number and court case number. This though made me believed that most of the plots with the survey number mentioned in the holding are in court and under litigation. The owner of the other plot just behind my plot wanted to construct a boundary wall and he had started the construction also but he was interrupted by the local Muslims from whom the developer had purchased the land. As per them some portion of land retained by them was donated to the Wafk board but the developer had encroached some portion from the donated land and had sold the same. The locals broke the wall which was being constructed by the land owner and the police had to interfere. Coincidentally I got in touch with the local broker who also said that he would help me sell my plot. He mentioned to me that my plot is not in litigation and the survey number is wrongly mentioned during the registration. Hence this need to be rectified. I would like to mention here that after registering my plot, I had obtained encumbrance certificate and the SAS khata. I have also been paying the property taxes regularly.
I would like to know as to how can I find out if the survey number of my plot is correct or not and also if the survey number is wrong then how can I get it rectified. What is the procedure for rectification. Also I would like to know as to what is khata extract and how can I obtain this.
Please someone guide me on this.
I can be reached on firstname.lastname@example.org
Asked 3 years ago in Property Law from Bangalore, Karnataka
in order to find out whether your survey number is correct or not you have to make inquires with your local municipal corporation . your property tax bill must be mentioning survey number of your plot . in addition assessment order passed by municipal corporation of your plot contains these details .
you have to contact a local lawyer . if your survey number is incorrectly mentioned in agreement you have to approach developer from whom you purchased the plot . deed of rectification has to be prepared duly stamped and registered .
Hi, you have to approach concerned Thasildhar and file an application to survey your site as per your narration it is a revenue land no conversion has taken place or request private surveyor and confirm them also and as per as rectification is concerned you have to approach your vendor for rectification of sale deed.
1)You will know the exact survey numbers once you go through the mother deeds(previous modes of property transactions).
2)For rectification deed, you approach the same lawyer in the case of sale deed or some other lawyer who will take care of all your needs.
3)Khata extract is issued by concerned local authority to which you pay property tax regularly.It is a property related document describing all features about the property,such as measurement,constructed or vacant, owner's address,etc.
Verify the sanction plan of your layout you will know about the survey number. Donot go for rectification blindly without verifying your plots location.
Don't rely on hearsay from any one, more so a broker, as he/she could be an interested party. At this stage what is of paramount importance is to ascertain the exact status of your plot respecting any litigation pending in any court of law. Thus, you should contact a local advocate and tell him to find out if your plot is the subject matter of a litigation. Since the case number has been mentioned it will not be an uphill task for your lawyer to find out the truth. It is possible that there could be a stay order against the sale of your plot, which necessitates carrying the due diligence test before embarking on the voyage to sell the property. Remember that you may be arrested and prosecuted if a stay order is in existence as sale of a property in defiance of a stay order passed by a court is an offence.