• Land is A khata and agreement is on B khata, no OC, can I buy the flat?

I am planning to buy a 2bhk flat in a Abhee lakeview apartment at sarjapura road, Project is BBMP aaproved and HDFC and SBI banks are giving loan to the customer
builder is saying land is A khata, but our agreement would be on B khata, since they  do not have permission for fifth floor as of now so he is not selling the same.i AM planning to buy a flat on 2 floor
He is telling he will mention in the agreement that once Akram sakram will come he will pay betterment charges and transfer B khata to A khata on my name.
Is it possible that i can keep 2 or 3lacs rupees as a balance with me and will give it to the builder after we get A khata  , In this case registration of flat can be done ?
so Is it fine to go ahead and buy the flat ?
Asked 1 year ago in Property Law from BANGALORE, Karnataka
Religion: Hindu
Hi, it is better you can get the legal opinion from the advocate and proceed further so that there will not be problem for you.

2. In Akram Sakram there may be a chance of regularization.

3. You just mentioned in the agreement that if the builder failed to get the A katha then what ever amount you have paid will repaid with interest so that he may an obligation to obtain the katha of the property. 
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
1) dont buy the flat without occupation certificate . 

2) once OC is issued it implies that building has been constructed as per sanctioned plans 

3) here builder has illegally constructed 5th floor and hence construction is not as per sanctioned plans 

4) you cant trust builder to honour his commitments once he has received sale consideration 
Ajay Sethi
Advocate, Mumbai
23315 Answers
1220 Consultations
5.0 on 5.0
. 1. Better to obtain legal opinion from an advocate by providing him with all the documents.
  2. Even if the builder is saying that the land is 'A' khata, you can ask him to show the same to you.
  3. If the builder gives in writing that he will pay betterment charges when once 'Akrama-Sakrama' comes into effect, to facilitate 'B' to 'A' in your name, then it is o.k.
  4. Builder may not register the property in your name on the condition that you would keep 2 to 3 lakhs till you get 'A' Khatha for the flat.  If builder agrees for this arrangement, then it can be done.
  5. Without perusing the records we can not ask you to go ahead and buy the flat.
Shashidhar S. Sastry
Advocate, Bangalore
1242 Answers
59 Consultations
5.0 on 5.0
1. Strictly speaking, as of now it is not legal as the builder does not have permission for constructing the 5th floor,

2.What will happen in case he is not finally allowed for the betterment and told to demolish the deviation?

3. It is a fact that normally betterment is allowed by collecting charges but it is not the rule,

4. You can not keep payment of consideration pending while registering a sale deed,

5. You shall have to make the risk benifit analysis depending on the ground reality i.e. whether the said deviation is alloable or not by the Corporation.
Krishna Kishore Ganguly
Advocate, Kolkata
12123 Answers
233 Consultations
5.0 on 5.0
A. As per your statement, the builder has constructed 5th floor without obtaining BBMP permit.

B. Any deviation in the apartment is liable to impose penalties and demolish by exercising discretionary power of the local authority.

C. Akrama and Sakram scheme has been challenged before the High Court of Karnataka, hence, nobody assures with respect to the same.

D. Any deviation up to 5% may be permissible to issue OC and more than 5% also may be allowed by imposing penalty as per the discretionary power of the BBMP. Try to get an Occupancy Certificate towards your flat. Unless you paid the full consideration amount that the builder will not allow for the registration of Sale Deed.
B.T. Ravi
Advocate, Bangalore
736 Answers
30 Consultations
5.0 on 5.0

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