• Purchase of resale flat

Situation
a) layout is converted. DC order available
b) high rise building , OC issued in 2012 by BBMP
c) flat registered in B Form
d) EC for flat available
e) Sanction plan by BBMP not submitted
f) layout approval plan not submitted
g) EC for land not submitted
h) Mother deed available, sale agreement, NOC available
i) betterment charges not paid by builder

Queries
a) khata status of both land and flat?
b) can khata transfer take place
c) documents mentioned above  at sl e f g mandatory?

Regards 

Krishna
Asked 1 year ago in Property Law from Bangalore, Karnataka
Religion: Hindu
The effectiveness of comments on title of property largely depends on perusal of all the title deeds and other connected documents.
 More over the issue involves local laws, hence it's advisable to take help from local lawyer showing him all papers.
Devajyoti Barman
Advocate, Kolkata
5248 Answers
54 Consultations
4.9 on 5.0
1) The Karnataka High Court has dubbed the practice of issuing 'B' Khatas as illegal. It has ordered  the Bruhat Bangalore Mahanagara Palike (BBMP) to include all properties in the Form A Register.

2) 'B' Khata properties are those unauthorised constructions in the city built on lands without valid sanctions and approvals. 'B' Khata is not an entitlement to the property, but simply an acknowledgement that tax for the said property is being paid to the government. It is not a title deed and is just an identification entered in a register titled "B" and hence the name 'B' Khata - it is 8%not considered as a valid Khata extract.
The court ordered the BBMP to issue property identification numbers (PIN) to all properties 

3) on basis of HC judgement your property can be included in A regsiter 

4) without sanction plan and layout plan how can OC be issued by BBMP ?

5) unless building plans are sanctioned , commencement certificate issued by BBMP it would not issue OC when building is completed . in bangalore number of fake OC are circulating according to media reports . better file RTI application and  obtain copies of sanctioned plan s, layout plans,  OC 

6)it appears title to property is not clear and marketable dont purchase any flat 
Ajay Sethi
Advocate, Mumbai
23391 Answers
1229 Consultations
5.0 on 5.0
Hi
a) kata status  of the land is a problem of Builder for development in DC convertible Land in Bruhat Bangalore Mahanagara Palika (BBMP) . In case of any irregularity the BBMP  will regularise the status of the converted land as per the existing High court order. Builder will have to pay the betterment charges to get the land regularised and  to obtain "A" khata. 
b) if  the BBMP give the permission as per the existing norms on a DC land to build/construct , khata will be in Place.The status of the Khata of the land will the same for the flat.
c)Sanction plan by BBMP, layout approval plan ,and EC are necessary.This can be done as the builder proceed with his work.
 B-Khata Certificate is a document that is issued by the BBMP in situations where a property which has not met required Building Regulations and Laws and whereas A-Khata Certificate is issued by the BBMP to those properties which it considers to conform to all the necessary Building Regulations and Laws.

if the builder has not paid the betterment charges There is no "A" khata allotted after the DC conversion.
it seems you are looking for a project which has not started it legal and technical clearance with the Local authorities/BBMP which is the crucial deciding factor of the time of  possession, eligibility of bank loan, and above all the  TiTle  of the property and the portion what belongs to the individual purchaser. So it is always advisable to g ahead with a project  which has A-khata or there should be guarantee from the vendor for the same.
Thresiamma G. Mathew
Advocate, Mumbai
1316 Answers
85 Consultations
5.0 on 5.0
A. Once the property is converted from agricultural to non agricultural, residential purpose that property will have khatha in favor of the landowner. After the Sold out of the particular flat or site that portion also gets the khatha in favor of the purchaser for the particular square feet. In your case Why the flat has been registered on B Forum?.

B. When the flat is registered in B Forum or register it would be treated as B Khatha because of that particular flat not approved by the BBMP or ample deviation. You need to cross verification in your area BBMP office.

C. When the project is called as high rise building that project should have NOC from the FIRE, KSPCB, AIRPORT authority, BWSSB, BESCOM etc., and the following documents are mandatory viz.,
1. Approved building plan and license and layout plan
2. Minimum 43 year EC for the project land
3. Betterment charges paid receipts
4. NOC from the FIRE, KSPCB, AIRPORT authority, BWSSB, BESCOM etc
5. Tax paid receipt for 2014-15 and 2015-16
6. Occupancy Certificate and Completion Certificate
7. All the records pertaining into the land.
B.T. Ravi
Advocate, Bangalore
738 Answers
31 Consultations
5.0 on 5.0
Hi, it is very difficult to give proper legal opinion without verify the documents it is better you can get legal opinion from the advocate so based on the opinion you can proceed further.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
Yes is the answer for the question 'c' above.
For other questions: 
a) If the builder has khata for land, you can obtain a copy and verify the status
b) Yes, if one applies for it for the purpose. 
Besides, if layout approval is not obtained how will the lay ut be formed and how will the common road and other facilities in the lay out be recognised?
T Kalaiselvan
Advocate, Vellore
14170 Answers
128 Consultations
5.0 on 5.0
1. The khatha status of the land and flat can be ascertained only from the office of the sub-registrar.

2. The khatha transfer can take place even if the plan is not sanctioned. However, the transfer of khatha neither cures the defect in the ownership nor it immunizes the transferee against legal proceedings by the civic authorities.

3. Documents mentioned at e f and g are mandatory.
Ashish Davessar
Advocate, Jaipur
18264 Answers
450 Consultations
5.0 on 5.0
a. B Khata for both,

b.Properties with minimal deviation can convert B-Khata to A-Khata; the following is required to do so:
i	You should have a DC converted property 
ii	Tax must be paid till date 
iii	Betterment charges for conversion needs to be paid to the BBMP,

c. Yes, certainly.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
5.0 on 5.0

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