I am a resident in a layout formed in 1998 in bangalore. Layout is dc converted and has 50 sites and had then panchayath plan approved and now under bbmp. In 1998 out of 50, 49 sites were sold and in one site Layout office and overhead water tank was built.This one site was not sold to anyone and in the bbmp records its in the name of 'XXXX Site owners association represented by Kumar'. But there is no deed found for this site as we searched all SUbregistrar records. In 2014 many built houses and we formed and registered 'XXXX Residents forum' association. At that time we were unaware that the Office site had bbmp records as 'XXXX Site owners association represented by Kumar' until recently as we checked the records since we hear some real estate fraudsters are trying to sell this site. 1. How to secure this site so that it remains as association office plot.We have no registered deed and we dont know if owner/developer of layout alive and where he is. 2. How to change the khata of bbmp from 'XXXX Site owners association represented by Kumar' to 'XXXX Residents forum'. Now to get ekhata they are asking for subregistrar registered document. We dont know who was this 'Kumar' as well.
Approach the owner /developer of the plot
2) your sale deed of plot must be mentioning that x plot is reserved for association office
3) fir change of khata approach BMP .enclose copy of registration certificate of association
4) if developer is not traceable file declaratory suit that registered association is absolute owner of plot
5) seek stay order restraining sale of plot
Secure Possession
Station security or trusted residents at the site.
Display clear signage: “XXXX Residents Forum Office.”
Prevent Unauthorized Sale
File a caveat at the Sub-Registrar’s office under the site’s survey number.
Lodge a police complaint if you learn of any sale attempts.
Prepare Documents for Khata Transfer
Association registration certificate of “XXXX Residents Forum.”
Panchayat-approved layout plan (1998) showing the office site.
Resolution of your forum claiming succession to the site.
Affidavits from original plot owners confirming the site’s association use.
Any utility bills or tax receipts in the association’s name.
Apply to BBMP
Submit the above documents with Form-A for ekhata name change.
Follow up with the BBMP Revenue department until the khata reflects “XXXX Residents Forum.”
Long-Term Title Confirmation
If BBMP delays or rejects, file a declaratory suit in the civil court to confirm your title.
Act on steps 1–4 immediately to safeguard the site and update the khata.
In Bangalore layouts, “common amenity” sites like parks, CA sites, water tanks, and office plots often become soft targets for fraud when ownership isn’t properly documented.
Since this plot was earmarked as an office site and overhead tank in the original layout (panchayat-approved, later under BBMP), it is essentially a common amenity site.
Without a registered title deed, fraudsters can attempt to create fake documents and try to sell the land.
The BBMP khata alone is not ownership proof, it is only for taxation.
So khata in one association’s name does not confer ownership rights if the deed is missing.
Since your forum is a registered association (2014), you can apply to BBMP to transfer khata from “XXXX Site Owners Association” to your “XXXX Residents Forum.”
They will insist on a registered deed, but in absence of one, you can rely on:
Layout approval plan (showing common site marked for office/tank).
Panchayat approval + DC conversion records.
Affidavit from your Residents’ Forum.
Resolution passed by general body of the Forum declaring that the site belongs to the residents collectively and should be retained for association purposes.
If the original developer is alive or his legal heirs can be traced, ask them to execute a Gift Deed or Confirmation Deed in favor of the Residents’ Forum.
This would give you a registered title and solve the problem permanently.
If the developer is not traceable, you may have to rely on litigation
If BBMP resists transferring khata without deed, you can file a suit for Declaration and Injunction stating that the site is a common amenity property for the benefit of all site owners, and that no private person can sell or alienate it.
The court can recognize your Residents’ Forum as the custodian of the site.
Once decree is obtained, you can register it and get khata changed to your forum.
Till there is no contesting claim you can continue for concrete process uou need yo fie declaratory suit
To secure the office plot and prevent fraudulent sale or misuse, the Residents Forum should move quickly to assert control using available legal and administrative means. Since there is no registered deed for the plot in question, but BBMP records show it as the association office (in the name of 'XXXX Site owners association represented by Kumar'), the key steps are:
Gather all historical documents: Collect layout plan approvals, panchayat and BBMP approvals, old correspondence, utility bills, tax receipts for the plot, and any record showing its use as a public/association property since inception. These documents help prove continuous possession and communal use.
Apply to BBMP for a khata transfer: Prepare an application to BBMP requesting mutation of the khata from 'XXXX Site owners association represented by Kumar' to the current registered Residents Forum, enclosing proof that the plot has only ever been used as an association office and utility facility for the benefit of all site owners. Attach the association registration certificate, AGM minutes indicating collective ownership, and affidavit from office bearers.
File a public notice: Issue a public notice in local newspapers and at the BBMP office announcing Residents Forum's claim to the office plot, warning third-party purchasers/fraudsters that this is a community asset and any transfer will be contested.
If BBMP insists on a registered title deed for khata transfer, approach the sub-registrar to check if a “conveyance deed” or “gift deed” can be executed by the Residents Forum (or the developer, if alive and traceable) in favor of the association. Where the original developer is missing, seek a legal declaration from a civil court establishing community ownership through adverse possession or long, uncontested use.
Document ongoing use: Keep records of all present association activities, annual meetings, water tank maintenance, and community uses to build a robust defense if litigation arises.
Maintain vigilance: Monitor property records regularly at BBMP and sub-registrar to catch any attempted fraudulent sale early. Lodge objections instantly if suspicious activity surfaces.
For e-khata or mutation, BBMP normally requires a registered deed, tax receipts, and proof of possession. If no deed exists, ownership must be established through supplementary documents and/or legal proceedings. Legal assistance is recommended to prepare the application and move for a declaratory order if required, ensuring the plot remains protected as communal property.
Suppose we approach Builder/Developer to get the deed in our favour, what if he realizes that it is unsold and decides to sell to some one else as realestate prices are skyrocketed in bangalore
You had mentioned that the builder is no more.
In case he is available and tries to sell the site as mentioned by you, the legal option to file a suit for declaration and injunction can be adopted immediately as suggested earlier.
Buy the plot from builder .all plot owners should contribute to buy it from builder
NEVER approach the builder directly - this is exactly the trap that will backfire. Here's why:
Builder will immediately realize:
Valuable unsold plot worth crores in today's Bangalore market
No legal obligation to give to association
Can sell to highest bidder for maximum profit
You lose all leverage once builder knows the situation
File caveat first - Prevents any sale registration for 90 days
Claim adverse possession - 27 years of association use gives you stronger legal rights than builder's original ownership
File declaratory suit - Court will decide ownership without alerting builder
Physical possession - Secure the site immediately with signage and security
Adverse possession law favors you after 12+ years of continuous use
Caveat blocks sale even if builder tries to sell
Court protection before builder realizes the value
Builder approach = guaranteed loss of the plot. Legal approach through adverse possession and caveat = strong chance of securing association rights.
Action: File caveat today, then declaratory suit. Avoid any builder contact until you have legal protection.
Dear Client,
Given the risks around this unregistered office site, the best way to secure it for the residents is to first collect and preserve evidence that the plot has continuously been used since 1998 for common purposes like the office and water tank, as this strengthens your association’s claim, and then pursue regularization either by approaching the developer to execute a deed in favor of your registered residents’ forum (while being ready to seek an injunction if he attempts to sell it) or, if the developer is untraceable or uncooperative, by filing a civil suit for declaration and injunction to establish the forum’s ownership through community possession and prevent any third-party transactions, after which the court’s decree can be used for BBMP khata transfer.
I hope this answer helps. For any further queries, please do not hesitate to contact us, Thank you.
If he sells with good title to the buyer the issue will be resolved but it is not a easy task
