• Can we buy 9/11 khata, gram panchayat khata plot in Bangalore

We have seen an agricultural land that is converted to plots.It is not approved layout.
We want to buy a plot in that,The owner says it is 9/11 katha ,gram panchayat katha land.
Can we buy this plot. It is outside BBMP limits.
Asked 4 years ago in Property Law
Religion: Hindu

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11 Answers

dont buy plot as it does not fall in approved layout 

 

2) it is always advisable to buy plots where layout is approved by authorities 

Ajay Sethi
Advocate, Mumbai
94710 Answers
7530 Consultations

5.0 on 5.0

Until there is not conversion order from DC/DM - agriculture to residential and bifurcation of a plot by local municipal authority, purchase not advisable.

Yogendra Singh Rajawat
Advocate, Jaipur
22633 Answers
31 Consultations

4.4 on 5.0

Dear Sir,

You can buy it if it is at affordable price because the only demerit in this type of site is you have to pay some fine/penalty at a later stage. Some times it may be considered as B Khata. Make sure that Gram Panchayat has given separate number to it.  In future in will be included in BBMP limits and it will be regularized. Please see the following information also.

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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

It is termed as Revenue site. Agriculture land cannot be converted to plots without obtaining D.C permission. Such layouts can be acquired in the future by any authority and compensation is very low. It is a big risk if it is for investment purposes. Since the plots fall within Panchyath limits, Form-9 & 11 Katha only will be issued. Registrations of such plots has been stopped by the state government since 2016 itself. Not many sub-registrar's will agree to register such plots. It is a risky proposition.

Kiran N. Murthy
Advocate, Bangalore
1298 Answers
194 Consultations

5.0 on 5.0

Yes if the title documents for the property and khata are available then in that case if the title is clear you can purchase same.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

1. You can go ahead with purchase if owner have paid for conversion fees for changing Use of land to residential purpose.

2. If land use have not been converted then you may have to face problem in future from local Authoritie for approval of building layout etc. 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

Without approval for plot conversion, it would not be advisable to buy the plot.

In fact the agricultural property has to be converted into NA by following the procedures meant for the purpose through a competent authority.

The documents referred by seller are not  recognised to be legally valid documents to recognise the conversion of the property to NA.

You can refer the subject before a knowledgeable lawyer in the local and get his opinion, if recommended you can proceed or you can decide.

 

 

T Kalaiselvan
Advocate, Vellore
84911 Answers
2194 Consultations

5.0 on 5.0

You may face title issues as it is unapproved plots. If you can risk the same you can buy it

Prashant Nayak
Advocate, Mumbai
31946 Answers
179 Consultations

4.1 on 5.0

1.  IF it is positively outside BBMP limits and IF it is positively within the Gram Panchayat jurisdiction, THEN obtain NOC and No Dues Certificate, from gram panchayat before purchase of such plot of agricultural land.  Also confirm via a written application to them, that you would be allowed for your own house construction.

2. IF in doubt show Form no.8 of the land to a local property lawyer and ask for his "search report" on the status of land.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

It is not advisable to buy a plot in any unapproved lay-out. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

Dear Sir,

Gram Panchayat approved plot is registered in village panchayat of the village limits, to which the plot belongs. It however need not be recognized by BBMP (Bruhath Bengalooru Mahanagara Palike). If the builder posses form-9 and form-11 approved by the Thahasildar of the Village panchayat the land can be bought for non-agricultural purposes like marking layouts, sites. However, i doubt if the nationalized banks (like SBI,SBM,SBH,..., IOB, Canara, LIC etc) recognized by RBI, provide housing/site purchase/construction loan for such property as the property would be registered under B-Khaate.

    A quick one liner about Khaate is A-Khaate property usually belongs to BBMP limits and is recognized by some ward office within Bangalore Corp. B-Khaate, is issued to sites/property which are either with a Gram Thaana (Village Panchayat registered), Revenue (The plot still under conversion from B to A Khaate but not really registered under any BBMP ward).

    To answer your question in the description "Do buying these land is proper and risk free?" - well it depends. As said earlier if the builder can produce Encumbrance Certificate (EC - gives information of any mortgage, other legal heir), Khaate (Property registration document in the village panchayat), absolute sales deed (atleast the previous sales), then the risk is less. If failed to produce any of these, the risk is more.

I recommend, contacting a civil lawyer before and once you get the property documents to know in and out legalities of the property!

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

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