• Khata transfer

1. BMRDA will issue OC or not? My builder initially agreed to give OC & CC. But now saying BMRDA won't provide OC, only CC will be provided. Is this the fact? 
2. Registration for my flat is completed on June 24th 2020. I am moving to abroad so I want to do my khata transfer. My building did not got OC till now. Doing khata transfer before OC got issued will be possible? or if doing khata transfer without OC will that affect me anyway in future?
3. This year property tax the builder is asking me to pay to do khata transfer is this right as I occupied my flat just two month before?
4. As I am planning to rent out my flat, can anyone pls share me the basic rules to be followed for renting flat in Bangalore.
Asked 5 years ago in Property Law
Religion: Hindu

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12 Answers

1. No, they are misguiding.

2. Khata may not be done without oc. But if done than all ok.

3. Yes that have to be paid.

4. Get a registered rent agreement done for the safety. 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

Dear Client,

I opine Rera will provide the OC. 

You may also give on rent your flat. For this you may get a rent/ lease deed registered with the office of the registrar.

 

Jaswant Singh
Advocate, Gurugram
930 Answers
2 Consultations

Builder is bound to obtain OC 

 

He can not deliver possession of flat unless OCis issued 

 

obtain Khata  transfer after issue of OC 

you have to pay charges for khata transfer 

 

 

Ajay Sethi
Advocate, Mumbai
99791 Answers
8147 Consultations

2. If the property is nit in A Khata then PC would not be issued. 

2. This is the job of the builder to transfer khata. Since this is a flat you are free to get Mutation after he provides CC & OC.

3. Unless this flat is assessed and mutated in your sole name you are not obliged to pay for Lhata transfer which your builder will do.

4. Get  a Rent agreement drafted by an advocate. 

Devajyoti Barman
Advocate, Kolkata
23655 Answers
537 Consultations

Presently BMRDA not issuing Occupancy Certificate. However, Section 310 of the Karnataka Municipal Corporation Act, 1976, Completion Certificate should be obtain from the authority and Sub clause (B) speaks about No person shall occupy or permit to be occupied any such building, or part of the building or use or permit to be used the building or part thereof affected by any work, until,- (a) permission has been received from the Commissioner in this behalf;\

 Therefore, BMRDA will issue Completion Certificate by verifying whether the building construction is completed as per the terms and condition of the approved plan and zonal regulations.

2. OC certifies that the building has complied with all the required building standards, local laws and it is safe to occupy. Occupancy certificate is issued by local municipal authorities or building proposal department that provides no objection to occupy the building under reference for its specified use. The OC is issued only once the building has been completed in all respects and can be occupied.

The legal possession of the Flat by the Owner is valid only with the Occupancy Certificate.

  • Without an OC, it may be very difficult to obtain Khata Certificate.

3. Read the above answer.

4. You can draft a rental agreement as per law through an advocate or a deed writer in the local which would contain all the conditions  and terms to be followed by both the tenant and the landlord.

 

T Kalaiselvan
Advocate, Vellore
89992 Answers
2495 Consultations

OC is must document. If OC not issuing by bmrda means builder has violated construction bye laws.

Khata transfer is another thing but without OC delivery of possession is illegal. You can file consumer complaint against builder or complain to REra.

Execute rent agreement for 11 months only. Dose not require registrstion, notary will work.

Yogendra Singh Rajawat
Advocate, Jaipur
23082 Answers
31 Consultations

1. Yes, presently, BMRDA not issuing Occupancy Certificate.

- Further , under Section 310 of the Karnataka Municipal Corporation Act, 1976, Completion Certificate should be obtain from the authority

- But, one cannot legally move into a building unless the developer gets an occupancy certificate from the BBMP or BDA, and further the corporation can ask apartment owners to leave such illegally occupied flats or impose heavy penalties.

2 . Khata for the flat will not be issued unless the building has the OC, and further the flat also cannot be sold without the OC.

3. Before getting the OC , you are not liable to pay any charges , and Khata cannot be also issued in your name. 

4. After getting OC and Khata in your name , you can rent out the said flat. 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

1. Since you are the absolute Title-Owner of your Flat by virtue of the registered Sale Deed, you are legally entitled to execute any "Registered" Leave & License (Rent) Agreement, for any period of time with proper strategic clauses AND without any reference to the Building OC or Khata transfer formalities.

2. IF Building is not having OC, THEN it means that the building is not constructed according to the sanctioned plans and Khata transfer will be done only after OC formalities are conducted.  The Flat Owner is not affected in any manner because of lack of OC or Khata transfer.

 

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

Dear Sir/Madam,

You are suggested to get the information regarding OC from the BMRDA. Also, Khata transfer and submission of property tax will be always in your favour.  

Ganesh Singh
Advocate, New Delhi
7169 Answers
16 Consultations

You can send them a notice and file a complaint in consumer court

Prashant Nayak
Advocate, Mumbai
34526 Answers
249 Consultations

BMRDA does not issue OC.

Since you do not get OC, you will not be able to possess an khata for the building, since application for  khata requires OC as a document to be attached by the builder. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

1. OC is mandatory document for builder before he can offer possession. If possession is taken then file suit before RERA against builder for not providing OC.

2. Yes it is possible but it will be better to wait for OC before proceeding for khata transfer. It will not effect your ownership.

3. Yes you need to pay fees for khata transfer if you have taken possession of your flat. 

4. Execute rent agreement with tenant if you want to rent the property.

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

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