• B khata

Dear Sir/Madam,

I am the first owner of a flat in which there is no A khata as there have been deviations that I wasn't aware of when I purchased it. Neither do I have OCC which is obvious.

The association has filed a case on the builder which is ongoing past one year. 
Everyone says that the A-Sakrama scheme is under process when we might end up getting A' khata. I am not sure when that is going to happen.

My query is :

1) At this point is it safe to go ahead with B khata and then upgrade the same at a later stage when if the A-Sakrama scheme is in effect for A khata?
2) What issues can be faced without any of these khatas in the current scenario?
3) Having a B khata -would it affect the resale if we choose to?

Thanks,
Renuka.D
Asked 5 years ago in Property Law
Religion: Hindu

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19 Answers

Builder has not obtained OC 

 

2) it appears building has not been completed as per sanctioned plans 

 

3) you can go ahead with B khata 

 

4) in event of resale you would not get market price for your flat and may have to sell flat at discount rate 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

1. The B khata means the property is illegal and is not built on legally.  Moreover on B khata connection of essential supplies like electricity or water may not be restored. 

2. There is no guarantee that B khata would be converted to A khata though its likely but never certain. 

3. Therefore wait till it gets A khata and then only proceed. 

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

1. Typically & Legally there are no issues with B-Khata properties, which includes all futuristic legal purposes like Sale /Gift /Transfer /Donate /Mortgage /Whatever....

2. Govt. from time to time relaxes rules or modifies them and transfer B-khata properties into A-khata, after due procedures of law or them compliance's of law with or without penalty. 

3. Minor deviations are evident in almost all properties which includes A-khata, but usually no action is taken since it does not harm the interests of public or the govt.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

1. Yes. 

2. B khata is defective title but you can stay in the same

3. Yes some party may not be interested in b khata property

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

1. Since you have already purchased the property without realizing the legal consequences,  you cannot go back now. 

Hence you may have to wait for the government to implement the akram sakrama scheme,  by which all such B khata properties would be regularized by paying the penalty amount imposed by the government. 

Until then wait.

2. The basic amenities like water and electricity supply and also home loans from banks may be affected. 

3. Yes,  the buyer may drastically underestimate the value of the property. 

 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

1. Yes it is safe.

2. Documents chain would be considered incomplete without e khata.

3. No.

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

Your transactions are covered under Karnataka Ownership Flats Act .

Answer to Question 1 to 2 needs review of your agreement for sale between you and Builder..

Answer to question no 3 is yes.

 

 

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

Without OC, purchase is not advisable. On B khata property, constant threat of demolition or penalty.


Problem in re sale too.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

Register for B khata 

 

Regarding costs local lawyer can guide you 

 

3)The law permits up to six per cent penalty for a building with 50 per cent violation. For violations above 50 per cent, the government can levy up to 25 per cent of market price 

 

4) as per newspaper reports scheme should come into effect shortly 

 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

You cannot get the B khata property registered now.

There is no guarantee that when will the akrama sakarama scheme will be implemented by government.

When the said scheme is introduced, the penalty may be double or treble or even more than that.

You can get A khata only after this is regularised.

Therefore instead of getting misguided by some of the opinions received from the legal forums like this, you may better obtain a proper legal opinion from a local lawyer and then decide whether to proceed with the proposed purchase or not.

 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

No one would answer you for scheme or Administrative schedule which would take place in future. 

If any amnesty scheme declared by the Government may help you in future. 

Nothing wrong you may go ahead with B khata registration. 

At the most you may have to pay some penalties for the non- compliance of the provisions of law.

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

- As per the Karnataka Court, a building or property having only a B Khata is an illegal property. 

- Further, a person cannot sell or resell his property with only a B Khata.

- Further , B Khata is a temporary document while A Khata is the permanent one, hence generally Bank not issued loan on B Khata. 

- However , one can convert B into A Khatha after applying before for District Commissioner Conversion.

- You can get details of  Akrama-Sakrma scheme from the website of Bruhat Bengaluru Mahanagara Palike website and even apply online . 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

Yes it is advisable this way

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

Yes, you should.

Swarupananda Neogi
Advocate, Kolkata
2993 Answers
6 Consultations

It's not easy to upgrade from B to A khata. It can only done through govt scheme. B khta is defective title. 

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

B Khata properties are effectively illegal even if the ownership documents for the property are in order.  Please contact local advocate for more precise guidance. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

B khata means construction not per by laws and tax due. To rectify both, penalty and cost will impose. 

If scheme impose whenever it, you may get relaxation. 

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

1. Yes you can go ahead with purchase of B khata property which can be later converted to A khata. 

2. Only issue will be payment of penalty for deviating from approved plan which can be claimed from developer.

3. No it will not affect resale of property.

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

  1. As per the information mentioned in the present query, makes it clear that you haven’t even provided with OCC as well as not having the A khata.
  2. I would like to apprise you that you should wait and then go for the upcoming scheme as it would not only save your cost, but also would keep you away from the discrepancy of the having the now Khata and then going for the new scheme.
  3. You are already having the possession which is also the lot more proof for you to have an opportunity to avail the benefits of upcoming schemes.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

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