• Buying B Khata property

I am interested in Buying a B Khata Property (Flat)in Bangalore. It is is from Corporate Leisure Builder - Genesis Apartment, Sarjapura Road. The property comes under the jurisdiction of BBMP - Bommanahalli,  and within the limits. I am looking to buy this property from the 1st owener who has got the registration done. Registration documents clear mentions that

1 - It's been approved by DC for being used as non- agricultural land.
2 - Builder as paid all the taxes, better-ment charges, etc to the BBMP. Amount and the date is also mentioned.
3 - Builder has also paid the cauvery water deposit to City Municipal Council of Bommanahalli, Bangalore.
4 - Seller has paid the property tax till date.
5 - Land has been approved by City Municipal Council of Bommanahalli, Bangalore.
6 - Seller has got the registration done in 2010 and property is 4 year old.
7 - Seller has a Khata B with him.

Looks like all the required approvals are there and there seem to be no violation - I may be wrong as I am not a legal expert.  Not sure whether I shd buy this property or what shd i do next...

please guide. 

Thanks
Vikas Kataria
Asked 1 year ago in Property Law from Bengaluru, Karnataka
Religion: Hindu
1) always better to contact a local lawyer let him check whether title is clear and marketable . on basis of his written option purchase flat 

2) if builder has obtain occupation certificate from muncipal corporation and seller has paid all  flat dues till date you can purchase the flat 

3) take a bank loan for purchase of flat . bank will do due diligence before sanction of loan 
Ajay Sethi
Advocate, Mumbai
23397 Answers
1229 Consultations
5.0 on 5.0
1. The Karnataka HC has ordered to not to issue the B khata.

2. B Khata will allow you to buy or sell a site, but you will face problems when you go for construction. It is advisable to go for properties having A Khatha as in case of B Khatha you cannot have building license, trade licence or loan from banks or any other financial transactions. 
Ashish Davessar
Advocate, Jaipur
18264 Answers
450 Consultations
5.0 on 5.0
1.What is material is that the flat is B khata.

2. Furthermore, the very fact that the seller does not have OC should make any prudent buyer retreat as in the absence of OC the sword of eviction or demolition will always hang on your head.

3. The Karnataka HC ruling is open to be challenged in the SC which can set aside the HC order. So we cannot tell whether the b khatas will be converted into A khatas or not.

4. When judged in the totality of prevailing circumstances it will be unwise to purchase this property unless you have money in abundance which you can afford to risk.
Ashish Davessar
Advocate, Jaipur
18264 Answers
450 Consultations
5.0 on 5.0
1) Occupation certifcate indicates that building has been completed as per sanctioned plans 

2) without OC banks generally refuse to sanction loans . 

3) without OC it is difficult to get water and sanitary connections . 

4) only after OC can builder lawfully allow flat owners to occupy the flat 

5) B khata properties are those properties that are built on lands without valid approvals.B khata does not give the rights to a property but are an acknowledgment that tax for the proeprty is being paid to the government. It is not a title deed but is an entry entered in Form B and hence, they are name B khata. The court ordered BBMP to issue property identification number (PID) to all properties whether they are being assessed or not for property tax

6) the order states that Property Identification numbers should be assigned to all properties that fall within the jurisdiction irrespective of whether the property is being assessed or not. The court mentioned that until this is done, there is no point in including properties in form B register and issuing extracts and related documents to them.

7) dont purchase the flat as ttile is not clear and marketable 
Ajay Sethi
Advocate, Mumbai
23397 Answers
1229 Consultations
5.0 on 5.0
Hi, Now B Katha property also registered before the Sub-Registrar office now Akram Sakram Scheme has introduced by the State Government so that you can regularized it.

2, But it is my sincere advise you to get a legal opinion from the advocate and thereafter you can proceed with the matter.  
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
This seems to be okay for purchase.  The A khata will not issued so soon for the flat.  Dont worry about the khata, you may go ahead with the existing khata itself. 
However, you may consult a local lawyer, take his opinion before purchasing it. 
T Kalaiselvan
Advocate, Vellore
14170 Answers
128 Consultations
5.0 on 5.0

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