Hello,
NO Don't buy that flat and to know whether CC has been issued or not you can ask the builder to show it and check the same with the local authorities.
Regards
B khata flat
Hello Everyone. I’m a frustrated individual, yet-to-buy a home searching since 8yrs in Bangalore. 85% of the properties I’ve visited in Marathahalli, Back side Manyata, Bellandur, Panatur, RamrthyNagar, Horamavu – all are deviated(one in Marathahalli, builder had got permission for 4 flats in some 3000sqft, but built 14 flats). In RamrthyNagar I have seen a re-sale flat, seems the builder promised OC,CC but put an additional floor(illegal) at the end of possession, where hes put up a spacious 4bhk for himself(unoccupied now, other flats sold out without Undivided Share). Legal 15% are near Devanhalli or Hoskote or after EC where there is acres of land and builders might get an OC,CC – not commutable to office at least without 1.5-2hrs one way(Traffic, no metro). Issue is at the time of booking, one is not sure if builder would put up another floor/deviate. Also apartments with OC,CC are >20lakhs expensive? that means additional 20l loan and ~35-40l burden?. These days launch/under construction property are advertised as OC&CC given. How can OC&CC be given when under construction? If there is borewells, they are dried up, no cauvery at all for apartments, owners buy tankers as builders use up the borewells for construction? Ppl who have water tanker businesses with political power are not allowing Cauvery piping to sell their business. I need some advice in this context - 1. This resale flat in B-khata land(DC converted), launch price was 4.2k/sqft 2yrs back and seller quoting 5.2k now all inclusive, ex reg) has illegal floor on top. Should I buy it(resale flat is below the illegal floor),Builder promised amenities are yet to be given(gym, partyhall, playarea, STP), neighbors told builder would give soon,no timeline. 2. What wld be the deviation? Suggestion is to chk w local civil expert, but roughly for an illegal floor with 10+ flats ? Would it be >50% where BBMP might demolish it in Akrama/Sakrama?(One lawyer offline told BBMP wont demolish, but remove doors,windows of illegal homes) 3. With that illegal floor & deviation(no OCCC), when Akrama act comes to action, should the legal flat owners(up to 4th floor) pay penalty or is it only the illegal floor flat owners? && would Undivided share(UDS) be given to illegal flat owners after regularization? In which case legal flat owners, need to re-register their flats for lesser UDS ? 5. Is there a website which only displays the legal projects? I am looking for at least water and some open space where kids can play. On kaanoon.com itself I've read several answers which said,"dont purchase flat if it does not CC or OC", but which project has OC/CC how to know? ReadyToMove are much expensive than Launch/Under construction ones. RERA doesnt guarantee OCCC. All these years I was waiting for a good A khata OC,CC flat, but I think I cannot afford it now as the prices have gone up from 3k/sqft to 5 or 6k - huge burden on loans etc and job market can go down any time.Buy?Pls suggest.
Asked 6 years ago in Property Law
Religion: Hindu
9 Answers
B khata mean, construction violating building bye laws and without OC , CC taking possession is illegal. Benefit fo Akrama sakrama can be obtained for only illegal construction. No penalty on approved floors.
OC CC dose not guarantee by any act but withtou them builder is at fault and buyer is entitle to file consumer complaint.
You can go for b khata flat but you will never enjoy the clean title in that. it will always be a defective title.
Don’t purchase the flat as illegal construction done on top floor and amenities not provided as mentioned
2) consult local architect
3) illegal floors would be demolished
4) UDS would not be given to illegal flats constructed
5) Visit RERA website and check projects approved by RERA and OC obtained
Dear Sir,
A 'B' khata document indicates that the property is illegal or is in violation of government regulations regarding properties in Bangalore, even when the civic charges for the property have been cleared by the owner. ... But having a B khata document does not prevent the property from being sold or bought by people.
Land is A khata. BBMP has given approval for 3 floors. I have purchased flat in 3rd floor only. ... I am planning to buy a flat in BTM 4th stage, Builder said Land is A khata property but the flat will be B khata.
The Karnataka High Court made it compulsory that the Bruhat Bangalore Mahanagara Palike (BBMP) cannot award 'B Khata' certificates to buildings and properties. In other words, if a property does not have an A Khata, it is illegal as per the Karnataka High Court. So better convert your property to A Khata property
Projects in the localities you mentioned and other surrounding areas, if these projects are RERA registered, it is mandatory for the builder to provide CC/OC. There are some very good projects and developers who are selling the flats not at fancy prices. Try looking at Kaylasanahalli, K R Puram Hobli, there is one project by the name of Griha Unnathi, check this out. Project is good, might fit your budget and location as well.
I guess you were looking at all the wrong places and wrong builders.
1. There is no guarantee that the builder will keep up his promise to provide the amenities as promised and also he may not be able to get OC due to illegal construction of extra floor.
The ignorant people, due to their urgent needs, get into such properties without bothering about the future consequences.
2. You will not get OC itself where there are illegal structures put up in the flats which are not in the approved plan.
3. The akrama sakarama scheme is on the anvil for many years but it is yet to be implemented and people wait for the implementation for more than a decade now.
However if the illegal structure is regularised then the owner of the same will be entitled to a share in the UDS, he cannot be denied his share because without UDS he cannot own the property nor he can re-sell the same.
5. You have make your own efforts and due diligence to find out the genuine project or flat as per your requirement, you cannot rely upon the online websites or any legal opinion through online for practical issues.,
I would not suggest you buy the intended flat. There will be a lot of problems that you shall later face due to the deviation, example procuring Katha, Apartment Association formation problems, loan problems, car parking problems due to extra flats, maintenance charges problems, etc., I would never suggest our clients to invest their hard earned money on projects that are not legal.
Yes you can purchase the flat in that building but dont buy top illegal floor.
Yes advics from this site right don't go for purchase of flat in project which have not received OC and CC
