• Query with respect to Sale Agreement

Dear Sir, it would be very helpful if you could answer to the following queries.

1. I am buying an independent house, which has been constructed on B Khatha non converted land measuring 50 × 30 sqft. The documents are legally right, plan sanction was also sought from respective Panchayat authorities.

2. The owner had bought the site in 2003-2004 but constructed the house in 2014-2015. Thus the Sale deed of the owner was for site only. But now while drafting a sale agreement I have to register for the site and house, hence, please clarify about how should I include the event of construction and what to be enclosed as authority.
Asked 4 years ago in Property Law
Religion: Hindu

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12 Answers

1) it should be mentioned that on plot house has been constructed as per plans sanctioned by panchayat authorities

2) enclose copy of completion certificate

Ajay Sethi
Advocate, Mumbai
87973 Answers
6207 Consultations

5.0 on 5.0

In sale deed mention details of sanctioned plans

Ajay Sethi
Advocate, Mumbai
87973 Answers
6207 Consultations

5.0 on 5.0

1. The completion certificate and the NOC from panchyat should be enclosed with sale deed and sale agreement.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

This is my response to you:

1. 'A Khata' property holders can easily resell or transfer ownership of their property while this is not possible for people holding only the 'B Khata' documents;

2. 'A Khata' properties have construction permits and can expand the properties while 'B Khata' properties are restricted from doing this;

3. You will need to convert the 'B Khata' property to 'A khata' property;

4. To do that, the 'B Khata' property will have to satisfy various criteria such as DC converted property, payment of all property taxes till date and betterment charges to be paid to BBMP to convert them to 'A Khata' property.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

Since the sanction and approvals are already taken for house you do not need it again, further if there is change or approvals are not there in that case you have to apply for sanction from panchayat for approval with the various documents. after the title and the khata is transferred in your name.

Title deed / Possession Certificate.

License fee Challan.

Site plan, showing the existing trees, well and block levels to be furnished in cases where basement / cellar floors are proposed below ground level.

Latest tax paid receipt.

Latest Khata extract Certificate.

Previous sanctioned plan.

Affidavit & Indemnity Bond under Karnataka Urban Land (Ceiling & Regulations) Act 1976.

No objection certificate in case of building proposals abutting to neighboring properties.

Building Plan.

Development Charge Receipt.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

1. As of now, property owners paying tax towards their legally not recognised property in Bangalore are entered in a register 'B' maintained by BBMP and the same has been generally called as 'B' Katha property by layman.

2. Since the 'B' Katha property is not legally valid and therefore the constructions over such property shall not have any sanctioned plan.

3. Such properties which are built on vacant 'B' Katha properties may be regularised under Akrama-Sakrama scheme formulated by State Government when it comes into effect, since the matter is sub-judice and at present the Hon'ble Supreme Court has stayed the Akrama-Sakrama scheme.

Shashidhar S. Sastry
Advocate, Bangalore
4173 Answers
258 Consultations

5.0 on 5.0

You can enter into a sale agreement with the present owner, while describing the schedule property, mention that the site along with duly constructed dwelling house, constructed in the year 2014-15 with super built up area of ___- sq ft., along with AEH, sanitary and water connections. This should suffice. At the time of final registration of sale deed, copy of the sanctioned building plan may be attached and gotten registered as well.

Kiran N. Murthy
Advocate, Bangalore
1298 Answers
194 Consultations

5.0 on 5.0

1. Once a person acquires ownership rights in the property then he can carry on construction on the land by obtaining various permissions from competent authorities and as per sanctioned plans

2. The land and house built on it can thus be sold to you

3. Enclose sanctioned building plans for the house in your sale deed

4. You can obtain certified copy of sanctioned plans from local body

Yusuf Rampurawala
Advocate, Mumbai
6882 Answers
79 Consultations

5.0 on 5.0

Dear Sir,

You are purchasing a B Katha property and now the High Court has said there is no A and B Katha. The relevant definition and history of B katha is given below with relevant judgment.

It might be not having DC (Deputy Commissioner ) conversion sanction order. So they should paid the betterment charges, please check.

The wordings of sale deed cannot be stated here as it requires lengthy lines. The dates of constructions with permission numbers etc to be mentioned in the sale deed.

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

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
6050 Answers
381 Consultations

4.8 on 5.0

Already constructed residential house in the jurisdiction of Gram Panchayat, if Gram Panchayat approved for the same there is no necessity now, the said Gram Panchayat has been issue Khatha, it's sufficient, not necessary to get newly sanctioned plan for the said house. With regard to vacant site come under Gram Panchayat, it should be have the documents of Form No. 9, 10 and 11, 11B. If you have the same you will get right way as you like further proceed. All the best.

C. V. Jadhav
Advocate, Bangalore
545 Answers
18 Consultations

4.7 on 5.0

1. B khatha constructed property without regularization is an illegal construction.

The local panchayat board has no powers to approve the construction plan.

The NA conversion is essential for constructing the structure on the agricultural landed property.

You cannot find the problems by plain reading of the documents, only a lawyer will be able to certify the genuineness of the documents

2. You have to enter into the sale agreement of the house property which shall automatically include the site also.

T Kalaiselvan
Advocate, Vellore
78131 Answers
1543 Consultations

5.0 on 5.0

How to go about with plan sanction of existing house in case of B Khatha proprproprrty

The plan sanctioned by the local civic body i.e., the panchayat is not valid.

The B khatha property is not recognised by government even though they collect taxes for it.

Until it is regularised there is always a danger for demolition.

T Kalaiselvan
Advocate, Vellore
78131 Answers
1543 Consultations

5.0 on 5.0

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