• I am buying a B Khata Flat on A khata land

Hi Sir, 

I am buying a 'B' Khata Flat on 'A' khata Land.  It is is from Aashirwaadh Builders - Sai Ashirwaadh Paradise.It is a ready to move property and few families are already staying. The builder has deviation around 18-25% only in the setbacks and compound wall. He has not constructed and extra floor.  There is no OC and CC. But the flat of 855 sq ft is coming in my budget. I have applied for a Loan to SBI as the project is approved by BBMP and SBI. I have taken the legal opinion also. All things seems OK excpet no OC and CC. 

Just few questions I would like to ask from the experts:

1. Is there any chance that the flat can be demolished. The titles are clear,it is a private property not govt and also it not a lakeside property.

2. When I get it registered then i will get 'B' khata. So if I want to resell this after 2 years then will I be able to sell as most banks do not provide loan to a 'B' khata property.

3. Should I get it registered immediately or wait for 3 years for selling, as in that case SBI might provide loan to the new buyer because I will not be having any 'B' khata.

4. The guidance value is recently increased to Rs 2350 from 2040. SO should I wait for more than 3 years before selling or immediately sell this as in future not sure what rules will come.

5. Will akrama- sakrama ever come into existance or it is a rumor only?

6. What are the property taxes I need to pay for this property?

7. Once the Loan sanctioned then should I transfer 100% amount or keep some amount with me untill he completes all the amenetis like lift, kids area, intercom etc?Will I be able to register in my name then?

8. Builder said that they have permanent connection for electricity and water. But I checked on internet that B'khata proprties get a temporaray connection only. So can the connection be removed in future?

9. How can I get 'B' khata converted to 'A' Khata?

Thanks,
Ankush
Asked 6 months ago in Property Law from Bangalore, Karnataka
Religion: Hindu
1)if construction has bn carried out as per sanctioned plans then you can purchase the flat . if unauthoirsed construction done it can be demolished 

2) dont purchase flat if  it does not cc or OC . 

3) you would not get market price for your flat 

4) if bank does not provide loan to B khaata property then dont purchase flat 

5) if you dont mind paying short term capital gain tax then you can sell immediately . 

6) it is for govt to decide when  akrama- sakrama should be implemented

7) property taxes depend upon  assessment made by muncipal corporation 

8) you should insist regd sale deed be executed in your name if you have paid full consideration for the falt 

9) the conversion from B to A Certificate involves a lot of bureaucratic hurdles . you have to to pay BBMP Betterment Charges. These are charges that the BBMP collects for putting in place various infrastructure improvements to areas such as installing street lights, laying out the drainage system, building roads etc
Ajay Sethi
Advocate, Mumbai
23264 Answers
1219 Consultations
5.0 on 5.0
1) With Akrama Sakrama, the amendments directly allow deviations to be regularised by paying a penalty

2)In the BBMP area, building deviations of residential and commercial buildings built up to 19  October 2013 can be regularised. The approved bill allows a regularisation of deviations up to 50% for residential buildings 

3)he payment of the betterment fee can be done in four installments but if a person has to pay the betterment fee in more than 4 installments he/she is subject to a monthly interest of 1.5 %. 

4) as per information available on the internet Effective March 6, 2014, land owners can avail of the benefit by paying the betterment charges at their nearest assistant revenue office (ARO).

5) the builder should apply for regularisation of the building constructed by him 
Ajay Sethi
Advocate, Mumbai
23264 Answers
1219 Consultations
5.0 on 5.0
Hi, It is better you can get the legal opinion from the advocate proceed further.

2. It s very difficult to answer your quarries without verifying the documents.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
1.  NO



2 Yes you can sell it





3. You can go ahead.







4.your decision





5.  No idea






6. You can contact a local consultant




7.  Wait  for three years





8.  No they cannot demolish



9. Ask the builder to help you get it.
T Kalaiselvan
Advocate, Vellore
14046 Answers
127 Consultations
5.0 on 5.0
Sir if akrama-sakrama comes then can I pay the betterment charges alone and get it regularized or all the flat owners should apply for it? 

Your first suggestions sounds better.
T Kalaiselvan
Advocate, Vellore
14046 Answers
127 Consultations
5.0 on 5.0

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