Banks may not be ready to give a loan without a khata..

Dear Client,

Khata is an essential document or certificate required by property owners in Bangalore. It is issued by Bruhat Bengaluru Mahanagara Palike (BBMP), the municipal corporation of Bangalore, to properties that fall under its jurisdiction. Khata acts as evidence that property tax has been paid on a particular property.

But having a khata does not confer ownership of the property on the individual in whose name the khata is registered. Ownership proves through purchase document, sale deed etc.

EC CC, denotes construction acc. to building by laws, Only risk is without khata - property tax due or not can`t be ascertain.

Rest fine.

1)since project has got OC , Cc you can proceed with purchase of apartment

2) check whether with local lawyer whether builder has clear and marketable title to property

Hello,

You may move ahead and purchase the flat, if the application for allotting Khata is pending.

Registration will be made even if the Khata is not provided.

Get in touch with some local lawyer.

Regard s

1. Katha Certificate is a must for selling the property.

2. For Registration of property, it's a prerequisite to have the Katha Certificate in the name of the owner and Tax Paid Receipt.

3. It is suggested to get the Katha Certificate for the property you intend to buy or a clause in the agreement of sale that Katha Certificate will be provided by the seller before the date of registration.

Dear Sir,

It is 60 percent safe. Katha is a must and without Katha it is illegal to possess a property. However your protection will be protected and even registration can be done as the office of Registration is manageable. In this background show your documents to an legal expert and get advise and then proceed otherwise, unnecessarily you have to face litigation.

In order to proceed for registration in respect of the flat, Katha in the name of the present owner is mandatory, without the Katha in the name of the seller/s, property cannot be registered in any of the sub-registrar offices.

So it is best advised to get the katha first at any cost and any means and thereafter proceed for registration. This way later after you buy transfer into your name will not be a problem.

This is my response to you:

1. If the CC and OC have come then you have nothing to worry;

2. The government has affirmed the validity and legality of the title of the property;

3. Still the Khata is important;

4. You can purchase it;

5. Execute an Indemnity Bond stating that, the seller will be responsible at all times if there is any dispute with the Khata;

6. This will protect and serve;

7. Consult a local lawyer and go ahead with the purchase of same.

Dear Sir,

You make use of following settled laws:

1.APARTMENT FLAT PURCHASE – BASIC 8 DOCUMENTS REQUIRED

1.Title Deed

This is a type of document that typically outlines the chain of ownership of the respective property. It provides full right to the owner to claim the absolute ownership over the property. While buying the property, check if it belongs to the respective seller. Check the deed thoroughly, and if have no knowledge about it you can seek help of a property agent. If the title of the property isn't in the name of the seller, then legally the property shouldn't be purchased unless the consent from the real owner.

2. Sanctioned Building Plan

Every developer at the start of the construction has to get the approval from local planning authorities. The developer has to submit the required documents for the sanctioned plan approval. So when you hunt for a residential apartment, do check if the developer agrees to present the sanctioned plan, if not then the construction is termed as illegal.

3. Completion/Occupancy Certificate

This is yet another essential document the developer of the property has to submit to the buyer. Municipal authorities issue the Completion Certificate (CC) after the completion of the project. Occupancy Certificate (OC) is issued by the local government agency after the inspection and states safe for the residents. These documents are an important part of the home loan and should be in your checklist.

4. Tax Receipt

The property owner has to present you with the legal tax pay receipt failing to which the government is authorised to impose a penalty of certain percent every month on the property buyer. So do make sure to check if the existing property owner has completed the tax regime.

5. Encumbrance Certificate

It is a document issues by the sub-registrar to check if there is any encumbrance on the property like mortgage, charges, etc. The sub-registrar issues the certificate with complete details about the legal dues pertaining to the property. It is important for the property buyer to check whether the property is under mortgage or loan.

6. Mother Deed

This document is needed when you buy a resale property. This is the parent document tracing the ownership right from the start. There are situations where the owner may do some fraud activity by undertaking the ownership of the property illegally, which will certainly effect your investment.

7. Power of Attorney

This is an important document when buying a property. It is required to know if the seller has complete right over the property and selling it. You can even check with the real owner to have a check over the enforcing of power of attorney to the seller.

8. Mutation Document:

This document contains all the details about the property including the name of the owner, property size, location, and other important information. It is issued by the municipal authority in the name of the present owner.

2.

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.

Khata is not a title document.

If all mother documents are alright and you have obtained legal opinion with recommendation to buy then you may go ahead with the purchase and apply for khata at a later stage.

One of the useful initiatives by the erstwhile BJP Government in Karnataka was the Karnataka Guarantee of Services to Citizens Act – 2011,also known as Sakala. Introduced on 1 March 2012, it aims at bringing transparency in administration.

The Sakala website mentions the list of documents required for submitting your Khata registration application:

Application in prescribed form

Attested copy of the title deed

Copy of Encumbrance Certificate (in form 15) for the past 10 years

Conversion Certificate of the Land Conversion of the issued by the competent authority

Survey sketch / Tippani copies

Copies of the NOC from Town Planning Authority (BDA) for bifurcation of land (in case of land measurements less than the measurements in land conversion certificate)

However, this list is not fully correct and incomplete. You will be asked for a few other documents too.

A group of apartment owners from Ozone Evergreens, Bellandur Ward, have succeeded in using Sakala to get their Khatas registered. And they did it without paying any bribes.