• E Katha property spilt registration

Hi Sir, My self Narendra and I purchased E katha property in Banglore and it is 2040 square feet and I only purchased 1200 square feet , now when we went for registration in register office they confirmed split registration is stopped and still i if I go for registration then in EC it will sale certificate instead of kraya ( sale dead).

Please advice how I go for registration and what are ptecationary steps I need to take and what are complication if I go for registration.

Reagrds,
Narendra.R
Asked 5 years ago in Property Law
Religion: Hindu

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13 Answers

These is no bar to sale portion of property. Sub registrar cannot refuse to register sale deed of half portion.

Tell them to provide you notification which prohibit sale of half portion. You should go for registrstion of sale deed only.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

You will get separate EC on your name 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

1. Get the bifurcation of the Katha done for the property into 2 properties and get Katha for each bifurcated property.

2.  Based on seperate individual Katha for the 1200 Square feet site, you can get the property registered through Sale Deed in your name in the jurisdictional Sub Registrar's Office.

Shashidhar S. Sastry
Advocate, Bangalore
5623 Answers
339 Consultations

Registration will be normal only ec will be given in your name

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

- Khatha is a document that shows a property owner having an account with the Municipality or any civic authority like Bruhat Bangalore Mahanagara Palike for paying taxes.

- Further , it include the property owner’s name, size/measurement of property, location,built-up area, vacant or occupied etc.

- Further it is required to to apply for electricity and water connections, for trade and building licenses, building plan approval, and it is also one of the important documents to be submitted to a bank when applying for a loan.

- And further , E’ Khata: i.e. Electronic khata is filed online, and it allows property owners to pay their property taxes online.

- Hence , the sub-registrar cannot refused to a purchaser of the property for registration of the property.

- You can apply for getting Encumbrance Certificate (EC) for your property. 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

1. Alongwith Agreement to Sale, you need to take a "Indemnity Bond" from the seller party, to indemnify you against any futuristic claims, legal disputes and losses, damages,& compensation for any losses caused to you on account of this transaction, alongwith other strategic clauses.

2. Since plot is a single plot, till proper demarcation on records is not done, separate EC will not be given by the authorities.  However, due to above indemnity bond, the seller will not be able to create any mischief, whenever you sell /transfer /gift /donate /whatever.... this property.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

It is duty of the seller to execute the registered sale deed in your favor after receiving the sale consideration amount. 

So you put pressure on him to get the sale deed registered to you to the extent of property purchased by you. 

What do you mean by E khata property. 

There are two types of khata,  A and B.

Don't get confused or misguided by the word R khata property. 

 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

You have not even registered the property,  but you are worried about the reflection of of the entry in EC.

Have you taken a legal opinion from a local advocate before buying the property. 

You can ask him about the precautionary measures to be taken in this regard before registration. 

 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

You should proceed with what can be done.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

A separate EC cannot be granted as he has stated.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

Please consult local lawyer who is more conversant with local laws.

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

You can go for registration of sales deed and it doesnt matter if in EC sale is mentioned as sale certificate 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

  1. As per the information mentioned in the present query, makes it clear that there has been no from the authority for its split registration.
  2. I would like to apprise you that it will be on your name only when you are the only party irrespective of the fact as to whether you are going split or whole land registration.
  3. And if the Sub-Registrar is agreeing in its registration then you just need to make sure that whole is been done legally as in terms of its validity when there is no split registration for now.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

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