• Regd Bangalore BBMP A Khata - needed clarification

Hello,

I am planning to Purchase BBMP A khata 30x40 site in South Bangalore. Its about 1 acre land which is recently converted into small layout of around 25-30 site. As per the Landover its DC converted BBMP A khata Property. The land owner has produced following documents so far.

1.	Village Map
2.	Mula Tippany in respect of Survey Number
3.	Hissa Survey Tippany in respect of Survey Number
4.	Village Pakka Book in respect of Survey Number
5.	Survey Sketch in respect of Survey Number
6.	R.T.C., in respect of Survey Number
7.	Mutation register extract
8.	Mutation (Phodi) register extract
9.	Nil Tenancy Confirmation Letter dated 08.09.2021, issued by the office of the Tahsildar, stating that there no Geni claims
10.	under the form of 2, 7, 7a, of Karnataka Land Reforms Act,in respect of Sy.
11.	Endorsement dated 07.09.2021, issued by the Assistant Commissioner, stating that there are no proceedings under Section 79(A)(B) of Karnataka Land Reforms Act, 1961, in respect of Sy
12.	Endorsement dated 07.09.2021, issued by the Assistant Commissioner, stating that the land bearing Sy does not come under the PTCL Act
13.	Official Memorandum issued by Deputy Commissioner, for the conversion from Agricultural to Non-Agricultural residential purpose, in respect of Sy
14.	Conversion Sketch in respect of Survey Number
15.	Tax paid receipts for the year 2023-24
16.	Encumbrance Certificate in respect of Sy.No for the period from : 01.04.1924 to 14.02.1957
17.	Nil Encumbrance Certificate in respect of Sy.No.for the ➢ 01.04.1957 to 31.03.1989, ➢ 01.04.1989 to 31.03.2004, ➢ 01.04.2004 to 17.10.2022, ➢ 17.10.2022 to 17.03.2023

However, Land over is yet to provide the following documents:

1. Khatha Certificate and extract for proposed Site/Plot.
2. EC from 01.04.2020 to till date for proposed Site/Plot.

As per Landowner with regards to Khata, an individual site khata will be arranged upon registration of the property. At present entire khata is in the landowner name for complete 1 acre.
EC anyway landowner has applied for he will be staring it with him a day on two.

Is it safe to purchase the property as Landowner is stating at present the Khata is available for complete 1 acre and Individual A Khata for each site will be provided after registration. Please advice
Asked 11 months ago in Property Law
Religion: Hindu

2 answers received in 30 minutes.

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10 Answers

it is necessary to peruse documents cited by you to advice 

 

2) it does appear that title is clear and marketable 

 

3) get due diligence done by local lawyer 

Ajay Sethi
Advocate, Mumbai
94652 Answers
7523 Consultations

5.0 on 5.0

1. Since for the entire one acre of converted land the Khatha is in the name of landlord indicates that the property is still in his name and there has been no transfer of any part of the land.

2.  When once the sites are sold to the prospective buyers, the individual buyer would be getting individual Khatha for his particular site.  

3.   However this should not be construed as legal opinion.

4.   Get the property papers vetted by any Lawyer before proceeding further.

 

Shashidhar S. Sastry
Advocate, Bangalore
5105 Answers
314 Consultations

5.0 on 5.0

Actually the title is not good in such kind of kharas you need  to buy the same at your own risk

Prashant Nayak
Advocate, Mumbai
31908 Answers
179 Consultations

4.1 on 5.0

Sale deed should contain a clause that landowner would provide khata certificate and extract for the plot to be bought by you 

Ajay Sethi
Advocate, Mumbai
94652 Answers
7523 Consultations

5.0 on 5.0

Even if the landowner agrees to provide the Khatha Certificate and Extract for the proposed Site/Plot prior to registration in your favour, the Khatha Certificate and Extract will be in the landowner 's name.

Shashidhar S. Sastry
Advocate, Bangalore
5105 Answers
314 Consultations

5.0 on 5.0

- As per law, the Khata Certificate is a document that is issued by the local municipal corporation or panchayat and is required for all property transactions.

- Further, without the khata,, you cannot apply for any loan and even the registration cannot done of the property. 

- Hence, you should ask for the Khatha Certificate and extract before the registration of the plot .

Mohammed Shahzad
Advocate, Delhi
13199 Answers
197 Consultations

5.0 on 5.0

Individual A khata can be obtained after registration also provided the property is A khata property.

You can proceed with the purchase after obtaining a proper legal opinion, if recommended by the lawyer.

 

T Kalaiselvan
Advocate, Vellore
84852 Answers
2187 Consultations

5.0 on 5.0

You can apply for sub division and then proceed to obtain A khata yourself, the land owner may be instructed to give NOC then

T Kalaiselvan
Advocate, Vellore
84852 Answers
2187 Consultations

5.0 on 5.0

That’s your discretion 

Prashant Nayak
Advocate, Mumbai
31908 Answers
179 Consultations

4.1 on 5.0

Dear Sir,

Since you are investing huge amount it is better to cross check the documents by visiting the concerned public offices and get legal opinion from a property lawyer. These formalities are not necessary if you going for loan through any Bank.

 

Kishan Dutt Kalaskar
Advocate, Bangalore
6136 Answers
487 Consultations

4.8 on 5.0

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