• Buying a land in good locality

Hi 
I wanted to buy a plot in whitefield Bangalore.
The total site is around 2.3 acres. The land owner has sold it to a Developer. He had divided the entire site into 48 plots and kept 20% for apartment.
Builder says, it is DC Converted , A-KHATA, with 32 years of title sale deed and mutation and all taxes paid till date. The site is near lake, so he also told about even NGT 75 m buffer zone and told some sites come under Buffer zone. Suggested not to buy only if I am seeking to take risks and told prices are low.
Builder told that I won't get the Bank loan from SBI for B-Khata plot but can arrange From PNB,ICICI and LICHFL. So bank loan won't be an issue. He told that 70% of layouts in Bangalore are B-Khata.
My questions:
1) Since the entire layout has been divided, individual plot will become B-Khata. 
Shall I go ahead and buy this?
2) After registeration of plot as B-Khata, will BBMP give me permission to construct a house? 
3) How I would get BESCOM and BWSSB connection ?
4) Since there is stay order on Akrama-Sakrama by court , how I would get my invidual plot B khata converted to A-Khata?
5) Usually BBMP approves, G+2 floors but people construct more floors. If I construct extra floor , would it cause any deviation?
6) In future, what are the chances , would I have to pay heavy penalty having a B-Khata property?
In general, can I buy the plot or not?
Asked 4 years ago in Property Law
Religion: Hindu

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8 Answers

If you want to buy a plot only because the seller is giving it away cheap with a lot of risks in the future, then I would say you are making a big mistake.

the points that go against you are;

a) The plots do not have A Katha,

b) some plots are situated within the buffer zone prescribed by NGT Order,

c) The government is contemplating not to give water and BESCOM connections to projects which do not have A Katha issued to it.

You can pay a bribe amount to BBMP and get A Katha for the plot but all the additional expenses would only add to the total cost of the plot thus making it costlier, adding to this cost would be your risk factor as well.

So if you want complete peace of mind, look for another plot in another project all together.

Kiran N. Murthy
Advocate, Bangalore
1298 Answers
194 Consultations

5.0 on 5.0

1) you have stated that The site is near lake, so he also told about even NGT 75 m buffer zone and told some sites come under Buffer zone.

2) if site is under buffer zone dont purchase the plot as no construction is permissible within 75 m as per NGT ruling

3) you should contact a local lawyer . take 30 years search . check whether title is clear and marketable . then only purchase plot

4) if plot is not under buffer zone you should be granted permission to carry on construction

5) dont construct more than 2 floors . construction should be as per sanctioned plans

6) unauthorized construction can be demolished

Ajay Sethi
Advocate, Mumbai
87892 Answers
6207 Consultations

5.0 on 5.0

you should carry on construction only if plans are sanctioned by BBMP

Ajay Sethi
Advocate, Mumbai
87892 Answers
6207 Consultations

5.0 on 5.0

You may go and buy subject to document verification.

My questions:

1) Since the entire layout has been divided, individual plot will become B-Khata.

Shall I go ahead and buy this?

you may buy

2) After registeration of plot as B-Khata, will BBMP give me permission to construct a house?

yes

3) How I would get BESCOM and BWSSB connection ?

You need to apply through BESCOM and BWSSB

4) Since there is stay order on Akrama-Sakrama by court , how I would get my invidual plot B khata converted to A-Khata?

You need to wait until ban lifted.

5) Usually BBMP approves, G+2 floors but people construct more floors. If I construct extra floor , would it cause any deviation?

yes it is deviation. you may have to pay panelty

6) In future, what are the chances , would I have to pay heavy penalty having a B-Khata property?

In general, can I buy the plot or not?

you can buy a plot

Sudhindra Bhat
Advocate, Bangalore
51 Answers

Not rated

How others have gotten BWSSB and BESCOM connections is altogether a different story. So let us not go there. In your particular case, I wish to state that with the facts provided by you I had provided you my opinion.

Now if you and the builder were to confirm that the plot now sought to be sold to you does not fall within Buffer zone, then you can purchase it, but subject to confirmation from the available records.

If you obtain A Katha then you can also obtain a duly sanctioned plan from BBMP and put up construction. You will have to pay some part of the money as bribe in any case.

Contact a good lawyer before you proceed, just to check if whatever the builder or owner is stating is true and correct.

Kiran N. Murthy
Advocate, Bangalore
1298 Answers
194 Consultations

5.0 on 5.0

Dear Sir,

My answers are as follows.

1) Since the entire layout has been divided, individual plot will become B-Khata.

Shall I go ahead and buy this?

Ans: You can purchase the property there will be no problem as now High Court derecognized B-Khata.

2) After registeration of plot as B-Khata, will BBMP give me permission to construct a house?

Ans: No, it cannot be as there is DC conversion.

3) How I would get BESCOM and BWSSB connection ?

Ans: They will give new connections, if you are nice to them even to illegal constructions.

4) Since there is stay order on Akrama-Sakrama by court , how I would get my invidual plot B khata converted to A-Khata?

Ans: One day it will be cleared in the largest interest of citizens of Bengaluru.

5) Usually BBMP approves, G+2 floors but people construct more floors. If I construct extra floor , would it cause any deviation?

Ans: Yes, there are so many such buildings, some day they will regularize. At the most you may be asked to pay some penalty, if it is very high then you can bring stay from court.

6) In future, what are the chances , would I have to pay heavy penalty having a B-Khata property?

In general, can I buy the plot or not?

Ans: You can buy. Reasonable penalty will be imposed.

That means they have paid bribe or they did not go and ask BBMP for any plan, they just constructed, Right?

Ans: Without bribe no officer works.

The law is as follow:

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

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

1. B Khata plots are still being bought by many persons despite knowing the fact that there is no guarantee for regularising the B khatha plots or property.

2. The chances are very bleak, you may enquire from other buyers about it.

3. Plots need not get the desired service connections before completion of any structure on the vacant site.

4. You have to wait

5. Yes, it will be termed as deviation and it face demolition also

6. You obtain a proper legal opinion and then proceed.

T Kalaiselvan
Advocate, Vellore
78048 Answers
1543 Consultations

5.0 on 5.0

The plot which I have chosen is not cheap, they quoted around 7k per sqft and it is not under Buffer zone.

How others have got BWSSB and BESCOM in bangalore?

@Kiran- That means they have paid bribe or they did not go and ask BBMP for any plan, they just constructed, Right?

You ar right they might have passed some consideration for obtaining this

T Kalaiselvan
Advocate, Vellore
78048 Answers
1543 Consultations

5.0 on 5.0

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