First, please get all the title documents examined by a competent lawyer to ensure that the title of the vendor is clear, absolute and marketable. Check the society's bylaws too to ensure that there is no clause restricting sale and/or subdividing the existing plot. Afterwards, you may ask the vendor to execute two separate sale deeds and register them in the respective buyer's names. The original sale deed in the name of the vendor will be with one of you and the other will hold a certified copy. In the sale deeds to be executed by the vendor, suitable narrations to this effect should be made.
Registering 60*40 as 2 30*40 plots in Bangalore
Hi, Me and my sister are planning to purchase a 60*40 plot in Hebbal Bangalore (60 is road side). This is an A katha property by a society. We are planning to register it as 2 30*40 plots I.e 2 sale deeds registered as left and right portion of the land and later apply to get separate katha for each portion. Is it okay to do so since the land has just one mother deed and one original katha. Will it be any problem later? We are planning to get a copy of certified mother deed so that one of us can keep that after registration. Thanks
Asked 1 year ago in Property Law
Religion: Hindu
11 Answers
Plot has to be first sub divided by the authorities
separate Khata should be for each land
then only buy it as 2 plots
1. You and your sister jointly have to purchase the plot and get it registered in the jurisdictional Sub Registrar's Office in both names.
2. After registration, obtain Khata for the joint property in both names.
3. Let both execute registered Partition Deed earmarking their individual boundaries and obtain Khata from BBMP for their partitioned portions.
Or
3. Both of you apply to BBMP for bifurcation of Khata for the property into 2 , 30 x 40 plots.
Thank you. If we were to register without sub division I.e In 2 sale deeds identify the partitions, add the boundaries properly in the sale deeds and register it and later if we apply for a separate katha would that be a problem? Thanks
Asked 1 year ago
It would be problem if plot cannot be sub divided
thete must be layout plan sanctioned for the plots
you cannot sub divide the plot without the consent of authorities
If the seller can arrange to obtain bifurcated Khatas for 2, 30 x 40 plots from BBMP, before registration of the property, then it's possible.
If you both are trying to purchase the single plot by dividing it into two plots, you can inform your intention the vendor accordinlgy and ask him to execute two sale deeds demarcating the boundaries accordinlgy.
He will divide the plot into two, creating two schedule of proeprty, get them sub divided and help you both to obtain individual khatas to your respective plots.
Therefore it is advisable to buy it as 2 plots
Once the property is split into two with proper demarcation of the boundaries, and get it registered by a sale deed, the individual owner can apply for khata on the basis of the sale deed in their possession.
But it should be sub-divided before that with the concerned revenue authorities.
- Only after demarcation of the plot , two separate sale can be executed in 2 separate names , hence you should inform the seller for the same.
- Further, after getting a separate sale deed , you both can apply for transfer the A- Katha in respective names.
- Further, one mother deed of the seller will not create any trouble.
Yes you can do so by applying separately
It is better if the vendor applies for the subdivision and gets it done before executing and registering two sale deeds.
Dear Client,
Yes, it's possible to get the property partitioned between you and your sister by executing a registered Partition Deed in the jurisdictional Sub Registrar.
Stamp duty in Bangalore is 5.52 percent and the registration charge is 1 percent of the total value of the property.
Property registration in India should be done under section 17 of the Indian registration act, 1908.
Thank You.
