• Land bifurcation into number of flats and khata confusion

Hi Sir,

I'm in mess with getting khata transfered to my name. Please see details below.

Our builder bought 30x40 BDA site with A Khata in Bangalore and built 3 floors as per plan. I bought 1st floor and we had registration with 1/3rd ownership on land but initial agreement was builder would construct the 4th floor once he obtains approvals. There was delay in the Khata transfer (partially I take the blame for this mistake of delaying khata due to ignorance) and mean while he  constructed 4th floor (cheated us with false information with approvals etc). We are now clueless on the khata transfer as BBMP officials are requiring the 1/4th in the sales deed as they can not provide  kahata for 3 flats as currently 4 flats present. We are also hearing builder might have registered 4th floor and sold to another party.

We are clueless about our next step and how he can register without first changing the ownership to 1/4th. What are our options to get Khata in our name. Please suggest next steps. We want to take legal course as last step and want to resolve mutually.

~Krishnaraj
Asked 10 months ago in Property Law from Bangal, Karnataka
Religion: Hindu
1)  builder  had sanctioned plans only for three floors 

2) construction of 4th floor is illegal and is liable to be demolished 

3) BBMP will not  issue OC if construction is illegal 

4) builder has to get the construction regularised fromBNMP 

5)  Khata is account of assessment of property. Khata does not confirm ownership of property but assessment of property for the payment of tax.

6) you  need to obtain a Khata registration form for applying for a Khata. The application is the same as that needed for applying for property registration, transfer and modification of Khata. It is available either online or at any BBMP office. The application form costs Rs 10.
Enclosure of documents: While applying for Khata, enclose the essential documents and fill up the necessary information in the application form. Submit the filled registration form at BBMP office and get sealed acknowledgement for the same. Acknowledgement is one of the sheets in the application
Ajay Sethi
Advocate, Mumbai
23380 Answers
1227 Consultations
5.0 on 5.0
Hi, As per Law, 4th Floor is violation of the building rules so your are apartments are as per plan so request the authorities to transfer the katha in your name.

2. If the Builder has violated the rules they why you are suffering for that and more over it is unauthorized constructions. 
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
Your right is protected under section 53 A of TPA, you have performed your part and now builder is bound under section 53 A to perform his part. File a suit for performance and compensation. He is bound by law to do so. He is bound to produce all the document in the court upon filing of suit. 
Shivendra Pratap Singh
Advocate, Lucknow
2786 Answers
41 Consultations
4.9 on 5.0
You have to approach the builder to effect name transfer on each individual's name with the competent authority.  First and foremost thing, you should verify if he had obtained approval for the fourth floor from the authorities, if he has not obtained then it becomes an illegal construction and likely to be demolished anytime if the same is not regularised by authorised.
The builder is responsible for this.  You have not stated whether the property bought by you has been registered on your name, i.e., whether the builder executed  any sale deed in your favor and got it registered properly?
If yes, then you may apply for khatha directly too on the basis of sale deed.  If not then you may issue a legal notice to the builder demanding from him to get the sale deed executed and registered in respect of the property purchased and effect the name transfer of khatha on its basis.
This legal notice can be followed by a complaint with the consumer forum seeking relief and compensation to the loss suffered.  
T Kalaiselvan
Advocate, Vellore
14158 Answers
128 Consultations
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The next step should be to sue the builder through a lawsuit for breach of contract to seek refund of consideration of the property purchased by you along with compensation. During the pendency of the case the builder may agree to obtain the necessary approvals so that you qualify to obtain khata and make your title free and marketable.
Ashish Davessar
Advocate, Jaipur
18246 Answers
450 Consultations
5.0 on 5.0

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