• Buying a resale flat without A katha registered in seller's name

I am planning to buy a resale flat in Bangalore. The apartment has OC and building was constructed on a approved A katha land. However the katha is yet to be registered in the seller's name although he has applied for the same.Will there be any issue if the property is registered using B katha? Will I have to go from B to A katha conversion post that?
Asked 4 years ago in Property Law
Religion: Hindu

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20 Answers

Wait for khata to be registered in seller name 

 

2) you can opt for conversion of B khata to A khata 

 

3) the conversion from B to A Certificate involves a lot of bureaucratic hurdles . you have to to pay BBMP Betterment Charges. These are charges that the BBMP collects for putting in place various infrastructure improvements to areas such as installing street lights, laying out the drainage system, building roads etc

 

4) you can sell B khata flat 

Ajay Sethi
Advocate, Mumbai
94689 Answers
7527 Consultations

5.0 on 5.0

1.  Take an indemnity bond & a POA, alongwith the sale deed, from the seller, for any eventualities relating to the property transactions.

2. Revenue /Municipal compliance's will have to be compulsorily be done in the same hierarchy as the chain of sale agreements, 

3. Based on the above documents, you can buy the property and change the B-khata to A-khata, in sequence, into your name, without any problems.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

-  A Khata property means that the property has complete documentation with the BBMP , and it is a Municipality verified legal property.

- The A khata certificate can be used to avail bank loans or loans from other financial organizations. 

- A , B Khata certificate only certifies that the owner has been paying property tax and it is in no way an authorisation of his or her possession of that property. The person cannot sell or resell his or her property with only a B Khata.

- Every property owner in Bangalore must possess a Khata certificate in order to carry out further legal proceedings involving property details. But having a khata does not confer ownership of the property on the individual in whose name the khata is registered.

- No, there will be no issue to convert B Katha into A Katha.

Mohammed Shahzad
Advocate, Delhi
13211 Answers
198 Consultations

5.0 on 5.0

Greetings!

Please Convert it from B khata to A khata after obtaining it because B khata does not hold right to mortgage / to obtain loan it always had a problem better to go for A khata.

Ayesha Sultana
Advocate, Bangalore
280 Answers
1 Consultation

Not rated

B khata is illegal property or property which doesn't fullfill legal necessities. 

Prashant Nayak
Advocate, Mumbai
31930 Answers
179 Consultations

4.1 on 5.0

Dear Sir,

Not there is no difference. Please see the court judgment. 

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.

 

Kishan Dutt Kalaskar
Advocate, Bangalore
6136 Answers
487 Consultations

4.8 on 5.0

Khata is the revenue document issued by the authority. With out this document one will not come forward to by the property. Without this document authorities will not accept for registration. Fist you get the khatha in the sellers name and proceeds for sale. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

No there won't be any issue registering the flat or in future.

For transferring khata it is a tidious Procedure you need to lay fee for conversion and apply before the municipal authority.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

B Katha properties are constructed violating by laws or municipality etc. no dues pending. Ask him to provide details of lapse/dues which need to rectify to convert into A khata.

Yogendra Singh Rajawat
Advocate, Jaipur
22623 Answers
31 Consultations

4.4 on 5.0

Yes, you may have to convert B Khata to A khata at a later stage.

property owners who want to convert their sites will have to pay betterment and improvement tax to BBMP, and clear procedures under Akrama-Sakrama. With this, the property owners can avail the benefits of bank loans and other civic benefits.

T Kalaiselvan
Advocate, Vellore
84890 Answers
2190 Consultations

5.0 on 5.0

No there will be no issue for purchasing of B khata property.

If owner clear are pending taxes of property The property will become A khata property.

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

You cannot register the flat till the Katha is obtained in the name of the present owner, if the present owner has not yet obtained the Katha in his name, then he must first do that. Since the building has received the OC from B.B.M.P, 'A' Katha will be registered in respect of the said flat in the name of the present owner. 

Ascertain if the other flat owners have obtained the Katha for their respective flats or not. Otherwise, all of the flat owners must obtain it. 

Once you obtain the 'B' Katha and complete the registration, then after purchase also 'B' Katha will continue in your name as well. 

So wait and obtain the above information and thereafter proceed, don't be in haste.

Kiran N. Murthy
Advocate, Bangalore
1298 Answers
194 Consultations

5.0 on 5.0

A khata can be transferred in your name as flat has got A khata 

Ajay Sethi
Advocate, Mumbai
94689 Answers
7527 Consultations

5.0 on 5.0

If seller 's A Khata application is approved at a later stage then you may have to apply for transfer of A Khata from the seller's name to your name.

Since the Seller has already converted B khata to A khata, you dont have to begin the process once again.

 

T Kalaiselvan
Advocate, Vellore
84890 Answers
2190 Consultations

5.0 on 5.0

As informed earlier once the property is registered with 'B' Katha, then if the present owner gets 'A' Katha or not it will not change your position. So as stated earlier and now enter into a sale agreement with the present owner, get the bank loan process under way, mention a clause that the present owner has undertaken to obtain 'A' Katha post which the registration process will be completed, with this clause, thereafter proceed to complete the registration with 'A' Katha.

Once he has sold the property to you he ceases to be the owner, hence it really does not matter if he obtain 'A' Katha after the sale transaction is completed.

Kiran N. Murthy
Advocate, Bangalore
1298 Answers
194 Consultations

5.0 on 5.0

after obtaining A khata certificate you can register property. 

Without the Katha certificate the sub-registrar will not register the property. 

A khata documents is issued within a period of 4 to 8 weeks after the submission of form. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

1. Once a B-khata has been changed to A-khata in the BDA /Revenue /Municipal records, THEN it is permanent and now cannot be changed back to B-khata. Repeat process is never required, once records are changed.

2. Hence if Seller's application for A-khata (from B-khata) is complied with and above records changed, THEN you would simply apply for transfer /mutate the A-khata records into your name. There will not be any legal issue on this.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

It's very difficult conversion as all legalities had to be fulfilled in the same

Prashant Nayak
Advocate, Mumbai
31930 Answers
179 Consultations

4.1 on 5.0

The application shall be processed in sellers name and you have to proceed and apply from conversion from B khata to A khata.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

A khata issued for property and not for owner. Once issued, valid for all purpose but once property sold, seller no more responsible to obtain A khata.

Yogendra Singh Rajawat
Advocate, Jaipur
22623 Answers
31 Consultations

4.4 on 5.0

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