• Site or plot owner doesn't have form 9 and 11. Can I purchase such plot?

Hello, I am interested in buying a plot which is under a layout formed back in 2010 and it was approved by Anekal planning authority ( Karnataka state). I have seen the documents like land conversation request, then the layout approval and release letter for the sites. 

Now the situation is, after the current owner received the site from the builder, mutation is done to the name of the current owner from the land owner. It is clear. But then, this current site owner has to paid any taxes after 2010 and he doesn't have form 9 and form 11 what is supposed to be issues by gram panchyat . 

Please advice me if there are any ways I can buy this safely. 

I have an idea that , current owner apply for e khata for the same and once received, i can purchase that. 

Please also comment on my idea.
Asked 7 years ago in Property Law
Religion: Hindu

7 answers received in 1 day.

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8 Answers

  1. As per the information mentioned in the present query, makes it clear that you wish to buy a flat which has beem transferred to the current owner by he original owner and mutation has also been done in the name of the current owner.
  2. But, the concern which you are having is genuine and must be think about.
  3. As if any charges are due then it is the obligation of the new buyer to set off the same. He can’t say no/ deny to it.
  4. Even if he happens to go for the e Khatha then also the situation would not get settled as above dues should have been paid by the actual owner/ original owner of the land.

Rest, still would try to look forward to find some good case, if can help you out in future.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

once current owner applies for e Khata and on receipt of same you can purchase the plot 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Khata is an account of assessment of a property, recording details about your 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 tax.  There are two types of Khata , A Khata and B Khata .

A Khata and B Khata denote the two types of khatas that exist under Bruhat Bangalore Mahanagara Palike. BBMP started maintaining two registers to maintain the property taxes. The first register was called A Khata and it contained the list of the fully legal properties in Bangalore. A second register called B Khata was maintained to contain the list of illegal or semi-legal properties in Bangalore.

The Karnataka High Court has recently made it compulsory that the BBMP cannot award 'B Khata' certificates to buildings and properties .The High Court ascertains that these are just certifications for the eligibility of being assessed for property tax and are in themselves no way to be taken as proof of ownership or legality. In other words, if a property does not have an A Khata, it is illegal as per the Karnataka High Court. The High Court has ordered the BBMP to include all properties in the Form-A Register (A Khata). The ownership of a BBMP B Khata is not proof of ownership of your property and it means that it still has pending sanctions that have to be approved.

The possession of A-khata document enables property owners to apply for building licenses, trade licenses, building plan approvals, and avail bank loans on the property. An A khata certificate is also required if the owner wants to get involved in any kind of financial transaction involving the property.

So logging on to the BBMP official website  http://www.sakala.kar.nic.in  and apply for Khata . e-khata can be only used by property owners who have been allotted a Property Identification number (PID) number.

Ajay N S
Advocate, Ernakulam
4124 Answers
114 Consultations

If he gets that khata and you buy it will be ideal 

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

Since mutation is already done once.khata is issued you can purchase same.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

It would be better for you to take proper legal guidelines by showing complete files of your case to an local advocate so that you can take a right path to handle your issues.. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

Dear Sir,

It seems the land not at converted into non agricultural land. Without showing the all the documents a legal expert cannot give accurate legal advice. If you want to purchase such sites which are not having proper support of documentary evidence then it would be a problem at every stage for you.

Kishan Dutt Kalaskar
Advocate, Bangalore
6230 Answers
499 Consultations

E-khata is not a title document.

The current owner has to pay the taxes up to date before selling this property to the prospective purchaser.

Did you get a legal opinion from an advocate in the local and whether it was recommended or not?

In fact A khata  itself is not a title document, however if the current owner is not having A khata then ask him that why he did not procure the same so far?

E khata is not a reliable document

 

T Kalaiselvan
Advocate, Vellore
89976 Answers
2492 Consultations

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