Dear Sir, Is it legal to buy a gram panchayat approved Appartment in maragondaahally village Bangalore-36. Bank is telling this area comes under BBMP since 2010. Then how they went for gram panchayat approvals for building plan sanctions. I would like to to know how to proceed or whom to check with??
First answer received in 10 minutes.
Lawyers are available now to answer your questions.
1) When was building constructed ?
2) If it was falling under BBMP since2010 then building plans have to be sanctioned by BBMP
3)OC has to be issued by BBMP
3) file RTI application with BBMP as to whether building has been constructed as per sanctioned plans and whether OC. Has been issued for project or not
Hello,
File an RTI and inquire with BBMP as to whether the area comes under the BBMP or not.
Tho aforementioned will be the best way for you at this juncture to know about the actual scenario.
Rest you may take advise of some local advocate on this aspect.
Regards
1. Apply for the copy of Khaate certificate of the property with sub-registered office of K.R.Puram.
2. You may discuss with me to get the same.
You Should check with the sub registrar office of the area where the property is situated in order to get the requisite details about the property.
Also, file RTI application inquiring about the same.
you can get E-khatha respective panchyath office please check.
resell will be issue since it is DC converted layout and most banks will not finance these properties.
Sir if the approvals are prior to 2010 when the area was under Gram Panchayat then you are good to go with the purchase it is legal as before the area was under BBMP limits the gram pachayat was the authority to approve plans in the area.
Seek approval copies of the said plan and along with the title documents get verified by local Advocate by showing the documents and asking for an opinion.
Dear Client,
Area should have come under jurisdiction of BBMP after 2010. All previous approval/completed construction granted by gram panchayat before 2010 are valid and not of after that.
Dear Sir,
In Bengaluru City most of the properties are B katha you can cross check the records in the concerned Gram Panchayath and/or BBMP office. The following clears your doubt about the property. You can purchase the said property however there is little risk which you have to face afterwards as it is facing some issues.
====================================================================================
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.
The gram panchayat has no power to approve the building construction plans, only BBMP is the competent authority.
They have obtained the same by playing fraud on the gram panchayat.
Bank is right about it.
Dear Sir, I could find out that this particular village comes under bda jurisdiction. So bank rejected the application. Now builder says that can gram panchayat can give approval for G plus 4 buildings. BDA is only for high rise building. Hence can approach other bank. Kindly tell me what’s the truth. All apartment need building sanction plan from BDA or exemptions are there if it is less floors. This is an e khata land. Bank is telling khata won’t be issued to this property so why you won’t get OC and CC, so rejected. Kindly help, Mathew.
If village comes under BDA jurisdiction you need completion certificate and OC issued by BDA
2) file complaint against builder before RERA for failure to obtain OC and cc
Sir if it is a BDA land approavls from BDA are required and the CC and OC are required.
Panchayat can give approvals only when the place is not.under the development plan and is only under pachayat.
As per the building rules, gram panchayats can give building permissions up to ground plus two floors.
The builder is misguiding.
The gram panchayats cannot give approvals anymore, and in case of obtaining any such approval, they are considered to be invalid, hence you will be instructed to obtain approval from competent authority , which will not be possible.
Please remember that e-khata given by village board is also not recognised, further OC or CC cannot be given by village boards or local administration.
The builders will somehow do all such tricks to sell their properties but it will be the purchaser who will suffer at a later stage.
You can decide based on the prevailing circumstances.