• A khata land, B khata building

Hi sir if the land is a khata and building is b khata without OC ..should we buy the property ?
Asked 4 years ago in Property Law
Religion: Hindu

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13 Answers

Dear Client,

Without OC, purchase not advisable.

After survey by authority that building is constructed following building by laws, OC issued, it`s sanction of legal construction which is missing/pending in present case. Ask the seller to arrange OC or NOC from authority.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

I would advice you not to buy for reason being B khata means irregular construction if no sanctioned plan futher secondly no oc, thirdly the scheme on which builder were relying for regularization Akram akram is stayed.by supreme court.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Sure sir

You can buy the property.

Shettar SS
Advocate, Bangalore
182 Answers
1 Consultation

4.4 on 5.0

1. The A Khata came into being to streamline Property Tax collection by the local authorities. The A Khata denotes a document that certifies that the property owner has duly paid relevant property taxes to the BBMP and is in ownership of a legal property. With an A Khata in hand, property owners can apply for trade licenses, building licenses or avail loans on the property.

2. The B Khata is a separate register maintained by the BBMP that lists the illegal properties (as per Karnataka High Court order in December 2014) that have ownership in the city of Bangalore, even when the civic charges for the property have been paid by the owner. The B Khata pertains to the Section 108A of the Karnataka Municipal Act, 1976 that was amended in 2009.

3. There is no such major defect i titile in B khata but to apply for bank loan A khata is required.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
408 Consultations

5.0 on 5.0

Certificate of Occupancy or completion certificate is a document which is issued at the end of the construction by a local government agency or planning authority. The document is a proof of the building's compliance with applicable building codes and other laws.without this you are not advised to buy property.

And you will be owner of property and not land as such since the building is B khata I.e Khata properties are effectively illegal even if the ownership documents for the property are in order.

As such it's not advisable to purchase property.

Swarnarka Chowdhury
Advocate, Mysore
1878 Answers
5 Consultations

5.0 on 5.0

you should not buy flat in building which does not have OC

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

3)one cannot legally move into a building unless the developer gets an occupancy certificate from the respective local administrative or civic bodies.

Ajay Sethi
Advocate, Mumbai
89049 Answers
6352 Consultations

5.0 on 5.0

Dear,

The ownership of a BBMP B Khata is not proof of ownership of your property and it means that it still has

pending sanctions that have to be approved.

so OC is requisite which will issue by authority after survey or sanction of construction according to building bye

laws.

Tarun Agarwal
Advocate, Jaipur
769 Answers
3 Consultations

4.9 on 5.0

A. When the Title Documents are good in the eyes of law that it may have A Khatha. However, when a builder or landowner planned to develop the same land by obtaining conversion order from agricultural to non agricultural residential and building approved plan under certain rules and regulation that the approval authority will be approved the same by imposing certain conditions to comply rules within the parameter of the Zonal regulation and building bye laws. When a builder violated the building bye laws and zonal regulation having deviation in the building that would be treated as B Khatha as the Occupancy Certificate rejected by the same from the approval authority.

B. In such circumstances, buyer should get clear clarity as to Why land not able to get OC? how much deviation could be seen in the building ? In this regard, upto 5% deviation is permissible subject to payment of penalty. However, no compromise on deviation towards building stability and structure. Deviation is permissible only small changes in exterior design, elevation etc., Hence, you query is depending upon percentage of deviation. You will not get 100% marketable title over the property in the absence of OC.

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

5.0 on 5.0

I would not advise you to buy the property at this juncture since the OC of the building is not available.

Regards

Anilesh Tewari
Advocate, New Delhi
17943 Answers
377 Consultations

5.0 on 5.0

Dear Sir,

It all depends upon your mentality. If you want then you purchase nothing will happen. The relevant information is as follows:

======================================================================================

What is a khata?

A Khata is essentially a revenue document, detailing the assessment of a property, recording details about the property such as size, location, built up area and so on for the purpose of payment of property tax.

It is also a kind of identification of the person who is primarily liable for payment of property tax. It is one of the required documents in case you require a building licence, trade licence or loan from banks or any other financial institutions.

What is the difference between an A Khata and B Khata?

What any property buyer should know while buying property in Bangalore is that it should have A khata.

An A khata means you are buying a property that is legal, and it will allow you to construct on it and obtain a trade or building license. Here are some further details on the difference between A Khata and B Khata.

Then how did the term B Khata come into being?

Well in 2007 when BBMP came into being 2 things were apparent:

1) There were many properties that fell under its jurisdiction that were illegal constructions

2) There was a need for an uniform taxation policy

Regarding the former the BBMP found that these illegal constructions were enjoying civic amenities without paying taxes. While regarding the latter, there was a need to consolidate the tax collection process to make it simpler which was earlier collected by 3 different bodies.

Now, the newly formed BBMP had the power to levy taxes on the aforementioned illegal constructions. The taxes collected from these properties were recorded in a register known in common parlance as B register and the khata issued therein was known as a B khata.

Thus anyone having a B khatha essentially is a non BBMP approved construction. Hence it is not advisable to buy such properties.

However, it is only fair to mention that any B khata property can be converted into an A khata property.

Kishan Dutt Kalaskar
Advocate, Bangalore
6069 Answers
392 Consultations

4.8 on 5.0

Most of the buildings are of that type only in Bangalore and many people on the basis of future regularisation, do go for purchasing the properties.

No doubt it is risky to buy such properties, but given the prevailing situation, you may decide.

T Kalaiselvan
Advocate, Vellore
79211 Answers
1615 Consultations

5.0 on 5.0

No, not at all, in fact I advice you to go and inspect the in the registers office for once things would be clear to you.

Sanjay Baniwal
Advocate, South Delhi
5468 Answers
13 Consultations

5.0 on 5.0

An ‘A’ khata document certifies that the relevant property taxes have been duly paid by the property owner to the BBMP.

A ‘B’ khata document indicates that the property is illegal or is in violation of government regulations regarding properties in Bangalore, even when the civic charges for the property have been cleared by the owner.

If the OC has not come of B Khata land, please do not purchase the property. It would create lot of problems in the future.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

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