• Advise on purchase of Non-DC converted B Khata plot in Bangalore

Dear Sir/Maam, 

I'm considering purchasing a plot in Bangalore and the property in question is Non-DC converted and has B Khata. Is it advisable to go ahead considering it is Non DC converted? The plot is part of a private layout developed but it does not have any approvals. 
* Layout was earlier in Green belt but now is in category of Yellow belt
* Tax has been paid upto date with BBMP
* No betterment charges have been collected for the layout 

What are the chances that this plot can be converted into A Khata in future? Is it even possible legally since DC conversion has not been done? 
What are the legal hassles once should be prepared for? Can a building be demolished since its built on Non-DC converted land?
Asked 1 month ago in Property Law
Religion: Hindu

First answer received in 30 minutes.

Lawyers are available now to answer your questions.

12 Answers

It's not possible to do the same with the illegality and lack of approval in the same

Prashant Nayak
Advocate, Mumbai
24476 Answers
52 Consultations

4.4 on 5.0

Don’t purchase the plot if it is not DC converted

 

2) it is risky to purchase plot which does have any approvals 

 

3)D  C conversion is mandatory for procuring A khatha

Ajay Sethi
Advocate, Mumbai
84383 Answers
5530 Consultations

5.0 on 5.0

1. As per your narration, it appears that it's a revenue site.  

2. When once Akrama-Sakrama scheme is implemented, Government may impose penalty and collect betterment charges.

3.  It's not advisable to buy such a property based on your narration.

 

Shashidhar S. Sastry
Advocate, Bangalore
3807 Answers
227 Consultations

5.0 on 5.0

The main issue is that the vacant land is still an agricultural land as per government records because the landowners have made illegal layout without layout approval as the authorities will not sanction layout approval since the DC conversion has not been made.

B Khata is not a legally valid document to prove the genuineness of the property.

BBMP collects the tax on the basis of B khata which would not confer title to the property owner or the subsequent purchaser.

The property falling within green belt or yellow belt is not a prime criteria when the basic criteria like conversion approval, layout approval have not been obtained.

Even for regularisation at a later stage, DC conversion is essential.

The betterment charges will not be collected for the illegally formed layout.

However you may obtain a proper legal opinion from an experienced lawyer in the local before venturing into the purchase of this property. 

 

T Kalaiselvan
Advocate, Vellore
74484 Answers
1226 Consultations

5.0 on 5.0

- As per law , D C conversion is mandatory for converting the land into A khata.

- Hence not advise to purchase that land. 

Mohammed Shahzad
Advocate, Delhi
8182 Answers
86 Consultations

5.0 on 5.0

Dear Sir,

In Bengaluru most of the sites are ‘B’ Katha and the only danger zone is that you may have to pay betterment charges if not paid and it may be converted into ‘A’ Katha as per the State Government scheme. Buildings cannot be demolished so easily and High Court will come to aid if such notice issued by BBMP or any other Authority in future. Please see the following information also.

================================================================================

 

What is a khata?

A Khata is essentially a revenue document, detailing the assessment of a property, recording details about the property such as size, location, built up area and so on for the purpose of payment of property tax.

It is also a kind of identification of the person who is primarily liable for payment of property tax. It is one of the required documents in case you require a building licence, trade licence or loan from banks or any other financial institutions.

What is the difference between an A Khata and B Khata?

What any property buyer should know while buying property in Bangalore is that it should have A khata.

An A khata means you are buying a property that is legal, and it will allow you to construct on it and obtain a trade or building license.  Here are some further details on the difference between A Khata and B Khata.

Then how did the term B Khata come into being?

Well in 2007 when BBMP came into being 2 things were apparent:

1) There were many properties that fell under its jurisdiction that were illegal constructions
2) There was a need for an uniform taxation policy

Regarding the former the BBMP found that these illegal constructions were enjoying civic amenities without paying taxes. While regarding the latter, there was a need to consolidate the tax collection process to make it simpler which was earlier collected by 3 different bodies.

Now, the newly formed BBMP had the power to levy taxes on the aforementioned illegal constructions. The taxes collected from these properties were recorded in a register known in common parlance as B register and the khata issued therein was known as a B khata.

Thus anyone having a B khatha essentially is a non BBMP approved construction. Hence it is not advisable to buy such properties.

However, it is only fair to mention that any B khata property can be converted into an A khata property.

 

Kishan Dutt Kalaskar
Advocate, Bangalore
6010 Answers
321 Consultations

4.8 on 5.0

Dear Client,

It is advisable not to purchase such property since B khata cannot prove the genuineness of the property and has no surety of getting converted to A khata. kindly contact your local lawyer for better help.

Thank You.

Anik Miu
Advocate, Bangalore
2729 Answers
27 Consultations

4.9 on 5.0

1) OC is mandatory 

 

2) file RTI application with BBMP and obtain copy of building completion certificate,OC 

 

3) if no OC has been obtained there may be irregularities in the construction 

Ajay Sethi
Advocate, Mumbai
84383 Answers
5530 Consultations

5.0 on 5.0

Since it is more than 15 years old building, you may not be able to get OC to the property at this stage.

For conversio of B khata to A khata OC is not an essential requirement for old buildings, however you may get an opportunity to get the same regularized by which the B khata will be converted to A khata. 

The property falling within green belt or yellow belt is not a prime criteria when the basic criteria like conversion approval, layout approval have not been obtained.

Even for regularisation at a later stage, DC conversion is essential.

The betterment charges will not be collected for the illegally formed layout.

T Kalaiselvan
Advocate, Vellore
74484 Answers
1226 Consultations

5.0 on 5.0

Yes it may

Prashant Nayak
Advocate, Mumbai
24476 Answers
52 Consultations

4.4 on 5.0

Dear Client,

OC is a mandatory document, and the absence of it challenges the ownership, and thus, reselling it will be considered illegal.

You may file an RTI application with Bruhat Bengaluru Mahanagara Palike to obtain the building completion certificate and the OC.

It becomes easier for the conversion of B khata to A khata if you have an OC.

It is advisable to attain a DC conversion for maintaining regularity.

Thank you.

Anik Miu
Advocate, Bangalore
2729 Answers
27 Consultations

4.9 on 5.0

- Occupancy Certificate evidences the completion of the building as per the approved plan and compliance of local laws.

- If the builder is unable to obtain the occupancy certificate, it means that the builder has violated building law or deviated from Construction Plan, and further it is illegal to occupy in a building or apartment that doesn’t have an occupancy certificate.

- Further, It is illegal to occupy in a building or apartment that doesn’t have an occupancy certificate. Buildings without OCs are not given a water connection and are charged a higher property tax.

- Further , in the absence of an OC , it cannot be converted into A khata. 

Mohammed Shahzad
Advocate, Delhi
8182 Answers
86 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer