• Can a builder refuse to sign the Katha Application form

Can a Builder refuse to sign the Katha Application form
Asked 1 year ago in Property Law from Bangalore, Karnataka
Religion: Hindu
Hello,
1) No, the builder is obligated to sign the Katha Application Form
S J Mathew
Advocate, Mumbai
1980 Answers
75 Consultations
5.0 on 5.0
It becomes the duty of the vendor to sign the necessary forms for transfer of all revenue records in the name of the buyer, he is obliged to do so which can be seen from recital of the sale deed document itself.  
If the builder refuses to sign the forms, you may issue him a legal notice demanding him to sign the same failing which proper legal action may be initiated against him through appropriate court of law, i.e., either through civil court seeking specific reliefs or through consumer court for deficiency of service. 
You may discuss the issue with a local advocate and process the legal action as per his further advise. 
T Kalaiselvan
Advocate, Vellore
16443 Answers
153 Consultations
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1) application form for khata registration/transfer under section 114 of KMC Act provides that application has to be signed by khatedar /person who sold the  property  and the transferee /purchaser

2) the intimation is to be done within period of 3 months of effecting the transfer 

3) legal declaration has to be made by transferor  and transferee that khata be revoked in case any false information is given in the application form 
Ajay Sethi
Advocate, Mumbai
26085 Answers
1418 Consultations
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The builder is not required to sign katha application form. The katha can be applied on the basis of Occupancy Certificate by the buyer.
Ashish Davessar
Advocate, Jaipur
19133 Answers
484 Consultations
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