• 'a' khata dc conversion, no bda approval

Land of 1.4 Acres contains three surveys is approved for DC conversion to residential and BDA has given NOC stating "no encroachment found" but NOT BDA approved. Land is in Bangalore city limits under BBMP.

All the three surveys 181\7,181\8 and 181\9 is having 'A' Khata from BBMP.

Now they have formed Layout of 36 sites,Owners\developer has paid betterment charges+Tax to BBMP. Mutation certificate,EC,Form 15 and Mother deed looks fine.

Concern - If i buy a site in this layout, whether it is considered for 'A' Khata Property and BBMP issues 'A' Khata once after registration for this property?

Note : BDA has not approved for layout formation.
Asked 5 years ago in Property Law
Religion: Hindu

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10 Answers

Dear Client,

BDA approval and A khata are different things, Approval concerns that buildign duly constructed abiding building by laws and A khata is no dues pending of any kind, tax etc.

Can go ahead for purchase.

Yogendra Singh Rajawat
Advocate, Jaipur
22636 Answers
31 Consultations

4.4 on 5.0

See A khata  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.  Since the plot is already A khata you will have same after the registration is done for plan approvals for building it is separate thing .

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

1) file RTI application with BDA why layout has not been approved 

 

2) wait for construction to be completed on the sites and OC issued 

 

3) if layout has not been approved don’t purchase the property now 

Ajay Sethi
Advocate, Mumbai
94723 Answers
7535 Consultations

5.0 on 5.0

It is not safe to purchase a plot of land that is approved by the Gram Panchayat approved land if the BDA has not approved. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

A khata is different to that of layout approval.

If layout has not been approved then you may not be able to get A khata for individual site and you may not get construction plan approved.

You may better obtain a legal opinion from a local advocate before venturing into this purchase.

T Kalaiselvan
Advocate, Vellore
84925 Answers
2196 Consultations

5.0 on 5.0

1. The surveys are registred in 'A'  Khata but the layouts have not yet been approved by the BDA.

 

2. The layouts will be considered as under 'A' khata once the same are approved.

Krishna Kishore Ganguly
Advocate, Kolkata
27219 Answers
726 Consultations

5.0 on 5.0

If it's already has status of 'A' Khata from BBMP, after purchasing by you it will carry forward same status of "a" Khata.

Ganesh Kadam
Advocate, Pune
12930 Answers
255 Consultations

4.9 on 5.0

Hello,

Yes the same will be considered for A Khata property. 

However, you may engage one local advocate who may get the title report of the property for you, so that you come to know that whether the title of the property is clear or not. 

Regards 

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

A. In your case, logic is very simple, land may have 'A' Khatha but Site formed in this land will get 'B" Extract Register Form (Khatha) as this layout has not formed as per the requirement of BBMP bye laws and The Karnataka Town and Country planning Act. 

 

B. To get 'A' Khatha towards site formed in the discussed land that the following documents are mandatory viz.,

1. Layout Plan Approval from the Development Authority like BBMP/BDA/BMRDA/APA/STRR whichever applicable.

2. Relinquishment Deed in respect of Road, Civic Amenity, Park and Open space shall be executed in favour of Development Authority or Local Authority.

3. Site Release Order/Work Order issued by the same authority. 

 

C. Final conclusion: In the absence of aforesaid documents, site will have 'B' Extract (Khatha). 


 In addition to foregoing response, Khatha in BBMP limits 'A' and 'B' Khatha (B Extract register) and in Panchyath Limits Form No. 9 and Form No. 11A (Both represent A Khatha). Likewise, if the Panchyath issue only Form No. 11B khatha shall be deemed that it is 'B" khatha. 

B.T. Ravi
Advocate, Bangalore
943 Answers
96 Consultations

5.0 on 5.0

Dear sir,

In Bangalore there are so many issues like whether the original land belongs to SC/ST whether it is free from 79AB cases have to be looked into further the owner must sign the sale deed and not the GPA holder.  It is better to have physical verification of document with EC for last 30 to 40 years otherwise there may small flaw and it may blow up at any future time.  

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

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