Panchayat E-khata plot without DC Conversion in bangalore
3 years ago
Hi Sir,
Planing to purchase site[20 *40 sqft] in Bangalore, when i had discussion with the owner he mentioned property is NON-DC converted, E-kahata. On further asking on DC conversion he mentioned this site is under panchayat approved layout and it's not agricultural land, you can construct house.
1. Wanted to know is it mandatory to have DC conversion for a site to construct house.
2. If a site is not DC converted but comes under panchayat approved layout then what document is required to show that it's residential land and to construct a house what kind of permissions required
Please help me with above two questions.
Thanks
A.It is called B Katha and revenue site. No problem if you are ready to pay some fine after wards. You may not get loans from nationalized banks. Show the documents to an expert as you are investing hard earned money.
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Here are the few documents to be verified before buying Site/land in Bangalore,
• Sale agreement.
• Sale deed.
• Mother deed.
• Katha certificate.
• Encumbrance certificate.
• Occupation certificate.
• Tax paid receipt.
• RTC Extract.
• What documents to check while buying a property in Bengaluru?
• While properties are an evergreen area of investment, there are people who seek to buy property for the sake of living too. Whichever the case is, it is only prudent to check and ensure that the property is completely legal, given the amount of Akrama Sakrama and GPA scams that have been reported in the city. Here is an attempt to answer various questions that a buyer might have in mind.
• 1. Which are the documents to check before a property transaction?
• There are two kinds of documents—primary and secondary documents of title. Primary documents of title are the most essential documents related to the property. They show the ownership history of the property being sold.
• Some of the secondary documents of title help to corroborate the information mentioned in the primary documents of title. The other secondary documents help the buyer to assess whether the building is compliant with the regulations of various agencies and if it has been built according to plan.
• 2. General list of documents for all properties
• i. Primary documents of title
• • Parent deed
• This is the Sale deed, Gift deed, Partition deed, Allotment letter or similar, by which the present owner/owners have acquired the title for the property. This document is also referred to as the Mula Pathra and includes the unbroken flow of the title up to the present owner.
• Tracing of the title should always begin with the earliest available document, record or order by which a Court or Government or a statutory authority has given the rights to the property to its first owner. Then, documents which identify the subsequent owners of the property through an unbroken sequence of legal acts up to the present owner, i.e. the seller, should be traced.
• At times, many of these documents may have been lost over time; in such instances, the buyer should look at the earliest registered document available with the seller and, with the help of a lawyer, trace the title up to the present owner. Since almost all properties in Bengaluru have their roots in agriculture, it is possible for the lawyer to establish whether the property has clear titles and can be legally sold by means of the secondary documents mentioned below.
• ii. Secondary documents of title
• • Building plan sanction
• In case of apartments and individual houses, you need to have a Building Plan Sanction issued by the BBMP, BDA or the village panchayat for properties under their jurisdiction.
• For vacant sites in layouts, you need to check for the layout plan sanction, issued by the plan-sanctioning authority. For builder-developed independent homes, apart from the layout plan sanction, you need to have building plan sanction from the BBMP or village Panchayat, under whose jurisdiction the property falls.
• • Khata
• The Khata certificate is issued by the BBMP, the BDA or a village panchayat in the name of the present owner or owners. There is no specific mention of the term Khata in the Karnataka Municipal Corporation Act of 1976; this is only an assessment register which compiles all the details of each property in the city. The term Khata is a colloquial term and literally means an ‘account’. Thus, the Khata is an account of every person who owns a property in the city. Each property will have a Khata. Each Khata has two parts: the Khata certificate and the Khata extract.
• a. Khata certificate
• A Khata certificate is obtained for the registration of any new property after paying the registration fee. This certificate mentions that a particular property number ‘N’ is held in the name of person ‘X’. This certificate is required for applying for a water connection, electricity connection, trade licence and building licence. The Khata certificate is given by the BBMP only to the owner of the property or to his legal heirs, and is used for the purpose of paying taxes.
• b. Khata extract
• A Khata extract is a document issued by the BBMP that states the name of the property owner, details of the property, such as plot size, built-up area etc. The owner can obtain this document on payment of `100/- along with a requisition letter to the Assistant Revenue Officer at the BBMP’s zonal office for the area where the property falls. Only owners can collect Khata extracts.
• The Khata certificate and Khata extract are unofficially together called the ‘A Khata’.
• • The ‘B Khata’
• In order to include unauthorised layouts, revenue sites and buildings constructed in violation of by-laws into the property tax net, a provision was made under the Section 108A of the Karnataka Municipal Council Act. Under the new provision, the BBMP could collect property tax from such properties. The details of the property tax collected from such a building or apartment or site are maintained in a separate register, called the B register.
• Read more on B Khata: B Khata isn’t an assurance of regularising your property
• • Encumbrance certificate
• The Encumbrance certificate (EC) is a record that shows all the registered transactions pertaining to a property in a particular time period. It is issued by the sub-registrar’s office under whose jurisdiction the property falls. ECs are issued via Form 15 or Form 16. If mortgage, sale or any other deeds with respect to a property are registered in the specified period of time, then Form No. 15 is issued with the details of each transaction. If there have been no registered transactions during the specified period of time, the sub-registrar will issue a Form 16. While buying a property, you should insist on an EC for a period of at least 30 years.
• Though EC is helpful in ensuring a clear and marketable title for the property, it does not provide the complete picture. Certain documents/transactions need not be registered, and these are not shown in the EC. Such documents and transactions include unregistered wills, unregistered power of attorney, unregistered agreement of sale and unregistered mortgages. Apart from these, litigation in courts and tax liabilities are also not shown in ECs. So while buying a property, do not rely solely on ECs for a clear title and look at other secondary documents.
• • Commencement certificate
• The Commencement or clearance certificate (CC) is given by the engineering department of the BBMP for the properties under construction in the city limits. Once the building licence is obtained and the foundation and peripheral columns have been constructed, the builder has to apply for the CC. Only after a CC is issued can a builder legally proceed to construct the complete building. Note that BBMP will not issue an OC on completion of the building, if the builder had not taken a CC at the beginning. See OC section below.
• • Occupancy certificate
• The Occupancy certificate (OC) is obtained at the end of the construction and is proof of plan sanction compliance. Once the builder applies for the OC, BBMP is supposed to conduct an inspection to confirm that the construction is compliant with the sanctioned plan.
• Note: Thousands of apartments in Bengaluru do not have OCs and yet are occupied. One reason for this is that re-sale of flats and buildings with no OCs is not barred. Enforcement of OC is weak.
• • Compounding fee receipt
• If the construction varies from the sanctioned plan, this is an important receipt which shows that a compounding fee has been paid to the BBMP for regularising any deviation from the sanctioned building plan.
• • Conversion certificate
• This Conversion certificate (popularly known as DC conversion certificate) is issued by the Deputy Commissioner. It certifies that the property has been converted from agricultural land to a residential property.
• • Tax paid receipts
• These are receipts issued by the BBMP, BDA or village panchayat, recording the payment of taxes for the property.
• • PTCL endorsement
• The buyer can ask the builder/seller to get a Prevention of Transfer of Certain Lands Act (PTCL) endorsement. Either the Tehsildar or DC can issue this document. This is to ascertain that the property is not on land granted to person/persons belonging to the SC/ST communities.
• • Land acquisition
• The buyer can ask for an Endorsement from the Special Land Acquisition Officer of the BDA, BBMP, National Highways Authority of India (NHAI), the Karnataka Industrial Area Development Board (KIADB), Karnataka Housing Board (KHB), Bangalore Mysore Infrastructure Corridor Project and others, confirming that there are no acquisition proceedings underway with respect to the property being purchased.
• • Family tree
• This document shows the genealogical tree in the form of a flow chart, with the names and age of the members of the family of the present and past owners of the property being sold. It also indicates whether the persons mentioned in it are living or dead; it is certified by the Village Accountant or the Revenue Inspector.
• • General power of attorney
• A general power of attorney (GPA) is a notarised document which empowers another person to act as your legal representative. A GPA executed by a person living outside India should be notarised in the country of origin and stamped in India within four months of being notarised. Within India, it is enough if the GPA is notarised. GPA had to be registered earlier; however, the Supreme Court has ruled that it is sufficient if the GPA is authenticated by a notary public.
• As a buyer, you need to ensure that the GPA is valid, not revoked and is provided by the person who has the legal right to give the same.
• 3. Documents for scrutiny for apartments
• i. Joint development agreement & GPA
• In recent times, the most popular method for building apartments is by way of a Joint Development agreement (JDA). This is an agreement signed between the landowner and the developer, where the landowner gives the land to the developer to build and sell apartments; in return, he gets a fixed set of apartments to sell. The landowner issues a GPA to the developer.
• ii. Sharing agreement
• The Sharing agreement shows the landowner’s share and developer’s share in a JDA. This helps the buyer clarify whether the apartment/property for sale belongs to the developer’s or the landowner’s share and check the validity of the seller.
• iii. Call for inspection of original documents
• Although the builder usually has all the original documents in his possession, he may have pledged the property to a bank as collateral. In this case he may not have the originals. If so, the builder has to provide a No-objection certificate (NOC) from the bank prior to the registration of the property, stating that the money goes towards paying off the loan and the property in question is free of mortgage. When buying the landowner’s share of the property, this scrutiny is slightly less crucial since the landowner’s share is typically free of mortgage in most JDAs.
• 4. Documents for scrutiny for properties with an agricultural past
• i. Pahani or RTC
• The Pahani is a revenue record of tenancy and cultivation (RTC) that describes the rights, tenancy and crops details for the property, such as owners’ details, area of the land, land revenue details, water rate, soil type, nature of possession of the land, liabilities, crops grown etc. Ideally, the seller should have the RTCs from 1969 to date, and all the mutations should be mentioned in the RTCs.
• ii. Record of rights and index of lands
• This document contains details such as the extent of the property, names of the owners etc. Although this document has been discontinued by the Revenue department, it is useful in the tracing of titles. There are reports that it is being unofficially issued, however.
• iii. Mutation extract
• The Mutation Extract is akin to an ‘agricultural khata’ and is issued by the village’s official accountant or Tehsildar. It contains an extract from the mutation register with relevant details, such as those regarding the previous owner, present owner, the mode of acquisition of the property by way of sale or inheritance, and the total extent of the property.
• iv. Tippani and Podi extract
• Tippani is a hand-drawn sketch from the records of the Survey department with respect to a property contained in a single survey number that is not bifurcated into sub-survey numbers issued by the Survey department. For instance, Hissa Podi extract refers to a sketch showing fragments within a survey number with sub-survey numbers such as 159/1, 159/2 etc.
• v. Akarband extract
• The Akarband indicates the total extent, boundaries and classifications of the property. This is issued by the Survey department.
• vi. Village map
• This document shows a clear map of the village in which the property is situated.
• 5. Documents for scrutiny for BDA sites
• Whenever government acquires a land for development of a layout, the previous title is extinguished by law and title starts from the BDA’s acquisition of the property. The following documents should help in ascertaining the validity of the property papers.
• i. Primary documents of title for BDA properties
• • Allotment letter: Issued by the BDA in favour of the present owner if he/she is the original allottee
• • Possession letter: Issued by the BDA in favour of the present owner recording the handing over of the possession of the property to the present owner.
• • Lease-cum-sale deed executed and registered in favour of the allottee by the BDA.
• • Absolute Sale Deed executed and registered in favour of the allottee by the BDA with respect to the property after 10 years from the date of the original allotment.
• • Building Sanction Plan issued by the BDA (or by the BBMP if the building was constructed after it was handed over to the BBMP by the BDA) where a building has been constructed on the property.
• The secondary documents of title for BDA sites are Khata, Tax paid receipts and EC, which have been explained in the list of general documents.
• A thorough scrutiny and verification of the above-mentioned documents will enable you to ensure that the property that you are acquiring has a clear, marketable title and will help you to avoid fraudulent sales and lengthy litigation.
• 6. Buying a BDA site sllotted as compensation to original owners in return for land acquisition to create the layout
• The BDA’s process of forming residential layouts from what is usually agricultural land includes an incentive scheme. This is to make it easy for landowners to voluntarily surrender land. For every acre that the BDA acquires, the landowner is to be given a 60 × 40 site.
• In principle, this scheme works out well for the landowner because of the substantial change in land values once the layout is created and the market value appreciation of residential plots over time. However, this is where the process is different from that of a BDA site allotted to a regular applicant.
• i. For the sake of convenience, the BDA registers it in the name of the Khatedar.
• ii. Unlike the normally allotted BDA sites, where all previous titles and titular claims are extinguished and the new allottee becomes the owner, in the case of the compensatory sites, the situation is different. The land would typically be ancestral land, and many individuals can claim rights over the property, such as heirs, minors, etc. Note that this ‘ancestral’ status carries forward into the compensatory site as is.
• iii. In some cases, if the original landowners were illiterate or short of cash even to register the compensatory site to transfer it to their name from the BDA, they would have then drawn up sale agreements with third parties or brokers. In such cases, it has been observed that sometimes the owners have gotten into agreements even before they are allotted the sites.
• iv. These agreement holders then carry out the rest of the site acquisition formalities. They sometimes pay the money for the registering the site itself.
• All this would have happened by the time you run into such a site, when you are prospecting.
• What you need to do
• Such sites can be identified through the allotment letter of the BDA itself, so always insist on seeing the allotment letter. A compensatory/incentive site will be mentioned as such. Note that you will not be able to spot the difference between a normally allotted BDA site and a compensatory site from a site plan map stone which is sometimes located at key street intersections in the layout. The allotment letter is needed.
• If you are buying such a site, you need to obtain the same documents which will trace title claims, presence of minors, etc. as in the case of buying sites on land with agricultural roots, described earlier in this section. Bring the entire owner’s family tree into the scrutiny process.
• Ask about prior agreement holders, and flush them out.
•
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B khata isn’t an assurance of regularising the irregularities
There are five categories of people based on the khata they have or don’t have.
Category A: Those who have been able to obtain a khata issued by the erstwhile Mahadevapura CMC
Category B: Those who have a Village panchayat khata issued by the erstwhile Whitefield Village panchayat, but for some reason, were unable to obtain a khata issued by the erstwhile Mahadevapura CMC. These would be mostly long standing residents
Category C: Those who have no khatas, who are eligible for ‘A’ khatas and want to apply for these
Category D: Those who have already obtained ‘B’ khatas from BBMP and want to convert their khatas into ‘A’ khatas
Category E: Those who have no khatas, who are eligible for ‘B’ khatas and want to apply for these.
For each of these categories of people, here are the strategies to be followed:
Procedure to be followed by category A and category B
These are the people who have been able to obtain a khata issued by the erstwhile Mahadevapura CMC; or who have Whitefield Village khatas.
Property owners belonging to this category should apply for a khata certificate and an extract of the khata register from the BBMP. The process is described below:
Khata Certificate
How should one apply for khata certificate?
The owner of the property has to give a letter of requisition along with details and receipts of latest tax paid.
What are the documents to be annexed to the application?
All earlier documents of proof of ownership, such as sale deed, land alienation order (conversion of agricultural to non-agricultural property, earlier khata extract of Mahadevapura CMC and/or Whitefield Village khatas.)
These residents will also have to keep their tax paid receipts for having paid property tax, both in the Whitefield Village (if available) as well as in Mahadevapura CMC
Also proof of residence, such as electricity and water bills, Passport copy, Driving licence copy, ration card, pan card election voter card
To whom should one apply?
Applications should be given to the Assistant officer for the sub-division or range. The application can be given in the Whitefield office itself. If not, in the Mahadevapura office.
What is the application fee?
The application fee is Rs.25/- per property, for which the khata certificate is sought.
How long does it take to get a khata certificate?
The maximum period within which a khata certificate should be given is one week under Sakaala. One is also supposed to get it instantly in some citizen service centres, such as the Bangalore one centre.
Khata Extract
How should one apply for a khata extract?
For getting a khata extract, the owner of the property has to give letter of requisition with property location and details.
What are the documents to be annexed to the application?
All earlier documents of proof of ownership, such as sale deed, land alienation order (conversion of agricultural to non-agricultural property, earlier khata extract of Mahadevapura CMC and/or Whitefield Village khatas.)
These residents will also have to keep their tax paid receipts for having paid property tax, both in the Whitefield Village (if available) as well as in Mahadevapura CMC
Also proof of residence, such as electricity and water bills, Passport copy, Driving licence copy, ration card, pan card election voter card.
To whom should one apply?
Applications should be given to the Assistant officer for the sub-division or range. I think the application can be given in the Whitefield office itself. If not, in the Mahadevapura office
What is the application fee?
The fee is Rs.100/- per extract of the property, for a period of 5 years.
How long does it take to get a khata extract?
One week.
While applying for khata, enclose these essential documents and fill up the necessary information in the application form. Submit the filled registration form at the BBMP office and obtain an acknowledgement for the same, bearing the seal of the office. The acknowledgement is part of the one of the sheets in the application.
Once we apply as above, then the BBMP has to either give you the above documents, or they have to admit that they do not have the original documents! I guess that the BBMP will remain silent and not reply to us. So after waiting for a sufficiently long period, say, 2 weeks, one could file an RTI application as to why the BBMP is not giving one a khata! One can ask for (a) details where khatas have been given in Whitefield (Surely, there will be some cases where they would have done this, by taking bribes) (b) whether any written instructions exist to the effect that khatas cannot be given to old khata holders of Village Panchayats or erstwhile CMCs, unless they apply afresh. If we get information that khatas have been given for some properties and also that there are no instructions that property owners who had khatas in the erstwhile Panchayat and CMC should apply afresh for khata registration, then the BBMP will feel the heat and has to buckle down and give us khatas.
CATEGORY C
Those who want ‘A’ khatas afresh:
Khata registration
They have to apply for khata registration as follows.
What is khata registration?
As the city expands, many new areas get added to it. Through a number of ways, new properties are added to the city, for example, through allotment from the BDA or Housing Board, or through the construction of flats and their sale. Each of these properties will require the creation of new khatas in the records of the BBMP. This process is called khata registration.
How should one apply for a khata registration?
The application for khata registration has to be made in the prescribed form. This is available either online or at any BBMP office. Making an application costs Rs10.
What are the documents to be annexed to the application?
A. For properties allotted by Bangalore Development Authority / Karnataka Housing Board
(1) Application in prescribed form
(2) Attested copy of the title deed
(3) Copies of previous tax paid receipts
(4) Possession certificate
(5) Sketch showing the location of property
B. Revenue pockets, BDA reconveyed areas, Gramathana, high rise buildings (both apartments and commercial complexes)
(1) Application in prescribed form
(2) Title documents, flow chart of the Title
(3) Copies of previous tax paid receipts
(4) Proof of improvement charges paid
(5) khata extract issued by previous authority / local body.
(6) Sketch showing the location and measurements of the property
To whom should one apply?
Assistant revenue officer for the sub-division or range between 10 am to 1:30 pm and 2:30 pm to 5:30 pm on all working days.
What is the application fee?
The fee is Rs.100/- per extract of the property, for a period of 5 years.
How do I pay the application fee?
Through demand draft
How long does it take for a khata registration to be completed?
(1) 7 working days in the case of BDA/KHB allotted properties
(2) 30 working days in the case of revenue extensions, BDA re-conveyed areas, gramathana, high-rise buildings (both apartments & commercial complexes)
What happens after the appplication is submitted?
First, the property is assessed for property tax. The BBMP revenue in-charge and Assistant Revenue Officer personally visits the property to assess the property.
Second, BBMP formally communicates the assessment to you, mentioning (i) the property dimensions (in sq feet), (ii) its value as per BBMP assessment and (iii) the property tax liability thereon.
Third, you will also receive a notice from the BBMP informing you to pay the khata Registration fee, which is 2% of the property value as mentioned in the Sale deed.
Fourth, once you pay the khata Registration fee, in about 1-2 weeks, you will receive the notice for paying the pending property tax. This means that technically, the khata has been registered on your name. However, without paying the property tax, the khata Extract will not be issued in your name.
What happens after a new khata Registration is completed?
khata Certificate is obtained for any new registration after paying the tax. The property owner can pay their property tax in two instalments but improvement expense must be paid in lump sum.
CATEGORY D
These individuals have already obtained ‘B’ khatas, so they will have to produce those additional documents that show that they have constructed the structure after following all rules and regulations.
As soon as the intervening irregularity is made up, for example, you get the occupancy certificate, or the non-agricultural occupation of land is regularised, your khata is transferred to the A khata register.
The primary task is to show that the intervening irregularity has been since cured. For this, one will have to obtain the following documents, which are to be given by the builder:
(1) Title documents, flow chart of the title [The developer has to give these details. Normally it should form part of the sale deed itself.](2) Copies of previous tax paid receipts,
(3) Order of conversion of land from agricultural to non-agricultural purpose
(4) Proof of improvement charges paid, if any,
(5) khata extract issued by the erstwhile Panchayat (The developer has to give this copy.)
(6) A Sketch showing the location and measurements of the property (the builder has to give a certified measurement)
(7) The possession certificate
(8) The occupancy certificate: The key is the Occupancy certificate, which the BBMP issues to the Builder, (in the case of flats). This shows that all rules and regulations have been followed.
Importance of the occupancy certificate
You must pressurise your builder to give you the occupancy certificate. Sometimes builders or their agents will promise to get you a khata from the BBMP for a fee. Please question your builder, or his agent or middleman, very closely. Ask him what kind of khata he will get you. An A khata, or a B khata?
If he promises you an A khata, ask him to show you the occupancy certificate. If he does not have an occupancy certificate and he promises you an A khata, then he is lying to you. He cannot get you an A khata. If he has an occupancy certificate, then he must give you a copy. If the builder refuses or dodges you, then you can safely presume that your case it not still fit for securing an ‘A’ khata. Moreover, your builder’s promise to get you a B khata is no big deal, because you can apply for it and get it yourself!
If you have the Occupancy Certificate along with the other certificates required, then you can apply for a khata registration, in exactly the same manner as described above.
Depending on whether you apartment has the occupancy certificate issued by the competent authority or not you will need to enclose the documents as mentioned above. This information, on the documents required are posted on the BBMP website www.bbmp.gov.in under “Katha service.” In the said page itself it is mentioned that if the building is built on revenue land and has not been regularised by the government, then, BBMP for the purpose of property tax will enter the particulars in B register and issue a B Katha. Therefore you should not have a problem in getting the B Katha at least.
CATEGORY E
These are those who want ‘B’ khatas. This is the residual category; comprising of property owners who do not fit into any of the above categories. Most likely, these individuals’ own properties that are constructed on ‘revenue’ land, i.e., land that was not converted from agricultural to non-agricultural use before construction. In such cases, ‘B’ khata registration will be done and details of such properties will be maintained in a separate register named the ‘B’ register of the BBMP.
The application process for ‘B’ khatas is similar to the khata registration process, except that there is a separate form in which to apply. Once the application is made, the khata will be registered and the property assessed for property tax, which the holder will be liable to pay.
Please note, Section 108 A of the KMC Act also very clearly states that the levy and collection of property tax under sub-section (3) by assigning a ‘B’ khata does not confer any right to regularise violation made, or title, ownership or legal status to such building and such buildings shall always be liable for any action for violation of law in accordance with the provisions of this act or any other law.
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If my answer is helpful to you then please give my FIVE STAR
==============================================
Here are the few documents to be verified before buying Site/land in Bangalore,
• Sale agreement.
• Sale deed.
• Mother deed.
• Katha certificate.
• Encumbrance certificate.
• Occupation certificate.
• Tax paid receipt.
• RTC Extract.
• What documents to check while buying a property in Bengaluru?
• While properties are an evergreen area of investment, there are people who seek to buy property for the sake of living too. Whichever the case is, it is only prudent to check and ensure that the property is completely legal, given the amount of Akrama Sakrama and GPA scams that have been reported in the city. Here is an attempt to answer various questions that a buyer might have in mind.
• 1. Which are the documents to check before a property transaction?
• There are two kinds of documents—primary and secondary documents of title. Primary documents of title are the most essential documents related to the property. They show the ownership history of the property being sold.
• Some of the secondary documents of title help to corroborate the information mentioned in the primary documents of title. The other secondary documents help the buyer to assess whether the building is compliant with the regulations of various agencies and if it has been built according to plan.
• 2. General list of documents for all properties
• i. Primary documents of title
• • Parent deed
• This is the Sale deed, Gift deed, Partition deed, Allotment letter or similar, by which the present owner/owners have acquired the title for the property. This document is also referred to as the Mula Pathra and includes the unbroken flow of the title up to the present owner.
• Tracing of the title should always begin with the earliest available document, record or order by which a Court or Government or a statutory authority has given the rights to the property to its first owner. Then, documents which identify the subsequent owners of the property through an unbroken sequence of legal acts up to the present owner, i.e. the seller, should be traced.
• At times, many of these documents may have been lost over time; in such instances, the buyer should look at the earliest registered document available with the seller and, with the help of a lawyer, trace the title up to the present owner. Since almost all properties in Bengaluru have their roots in agriculture, it is possible for the lawyer to establish whether the property has clear titles and can be legally sold by means of the secondary documents mentioned below.
• ii. Secondary documents of title
• • Building plan sanction
• In case of apartments and individual houses, you need to have a Building Plan Sanction issued by the BBMP, BDA or the village panchayat for properties under their jurisdiction.
• For vacant sites in layouts, you need to check for the layout plan sanction, issued by the plan-sanctioning authority. For builder-developed independent homes, apart from the layout plan sanction, you need to have building plan sanction from the BBMP or village Panchayat, under whose jurisdiction the property falls.
• • Khata
• The Khata certificate is issued by the BBMP, the BDA or a village panchayat in the name of the present owner or owners. There is no specific mention of the term Khata in the Karnataka Municipal Corporation Act of 1976; this is only an assessment register which compiles all the details of each property in the city. The term Khata is a colloquial term and literally means an ‘account’. Thus, the Khata is an account of every person who owns a property in the city. Each property will have a Khata. Each Khata has two parts: the Khata certificate and the Khata extract.
• a. Khata certificate
• A Khata certificate is obtained for the registration of any new property after paying the registration fee. This certificate mentions that a particular property number ‘N’ is held in the name of person ‘X’. This certificate is required for applying for a water connection, electricity connection, trade licence and building licence. The Khata certificate is given by the BBMP only to the owner of the property or to his legal heirs, and is used for the purpose of paying taxes.
• b. Khata extract
• A Khata extract is a document issued by the BBMP that states the name of the property owner, details of the property, such as plot size, built-up area etc. The owner can obtain this document on payment of `100/- along with a requisition letter to the Assistant Revenue Officer at the BBMP’s zonal office for the area where the property falls. Only owners can collect Khata extracts.
• The Khata certificate and Khata extract are unofficially together called the ‘A Khata’.
• • The ‘B Khata’
• In order to include unauthorised layouts, revenue sites and buildings constructed in violation of by-laws into the property tax net, a provision was made under the Section 108A of the Karnataka Municipal Council Act. Under the new provision, the BBMP could collect property tax from such properties. The details of the property tax collected from such a building or apartment or site are maintained in a separate register, called the B register.
• Read more on B Khata: B Khata isn’t an assurance of regularising your property
• • Encumbrance certificate
• The Encumbrance certificate (EC) is a record that shows all the registered transactions pertaining to a property in a particular time period. It is issued by the sub-registrar’s office under whose jurisdiction the property falls. ECs are issued via Form 15 or Form 16. If mortgage, sale or any other deeds with respect to a property are registered in the specified period of time, then Form No. 15 is issued with the details of each transaction. If there have been no registered transactions during the specified period of time, the sub-registrar will issue a Form 16. While buying a property, you should insist on an EC for a period of at least 30 years.
• Though EC is helpful in ensuring a clear and marketable title for the property, it does not provide the complete picture. Certain documents/transactions need not be registered, and these are not shown in the EC. Such documents and transactions include unregistered wills, unregistered power of attorney, unregistered agreement of sale and unregistered mortgages. Apart from these, litigation in courts and tax liabilities are also not shown in ECs. So while buying a property, do not rely solely on ECs for a clear title and look at other secondary documents.
• • Commencement certificate
• The Commencement or clearance certificate (CC) is given by the engineering department of the BBMP for the properties under construction in the city limits. Once the building licence is obtained and the foundation and peripheral columns have been constructed, the builder has to apply for the CC. Only after a CC is issued can a builder legally proceed to construct the complete building. Note that BBMP will not issue an OC on completion of the building, if the builder had not taken a CC at the beginning. See OC section below.
• • Occupancy certificate
• The Occupancy certificate (OC) is obtained at the end of the construction and is proof of plan sanction compliance. Once the builder applies for the OC, BBMP is supposed to conduct an inspection to confirm that the construction is compliant with the sanctioned plan.
• Note: Thousands of apartments in Bengaluru do not have OCs and yet are occupied. One reason for this is that re-sale of flats and buildings with no OCs is not barred. Enforcement of OC is weak.
• • Compounding fee receipt
• If the construction varies from the sanctioned plan, this is an important receipt which shows that a compounding fee has been paid to the BBMP for regularising any deviation from the sanctioned building plan.
• • Conversion certificate
• This Conversion certificate (popularly known as DC conversion certificate) is issued by the Deputy Commissioner. It certifies that the property has been converted from agricultural land to a residential property.
• • Tax paid receipts
• These are receipts issued by the BBMP, BDA or village panchayat, recording the payment of taxes for the property.
• • PTCL endorsement
• The buyer can ask the builder/seller to get a Prevention of Transfer of Certain Lands Act (PTCL) endorsement. Either the Tehsildar or DC can issue this document. This is to ascertain that the property is not on land granted to person/persons belonging to the SC/ST communities.
• • Land acquisition
• The buyer can ask for an Endorsement from the Special Land Acquisition Officer of the BDA, BBMP, National Highways Authority of India (NHAI), the Karnataka Industrial Area Development Board (KIADB), Karnataka Housing Board (KHB), Bangalore Mysore Infrastructure Corridor Project and others, confirming that there are no acquisition proceedings underway with respect to the property being purchased.
• • Family tree
• This document shows the genealogical tree in the form of a flow chart, with the names and age of the members of the family of the present and past owners of the property being sold. It also indicates whether the persons mentioned in it are living or dead; it is certified by the Village Accountant or the Revenue Inspector.
• • General power of attorney
• A general power of attorney (GPA) is a notarised document which empowers another person to act as your legal representative. A GPA executed by a person living outside India should be notarised in the country of origin and stamped in India within four months of being notarised. Within India, it is enough if the GPA is notarised. GPA had to be registered earlier; however, the Supreme Court has ruled that it is sufficient if the GPA is authenticated by a notary public.
• As a buyer, you need to ensure that the GPA is valid, not revoked and is provided by the person who has the legal right to give the same.
• 3. Documents for scrutiny for apartments
• i. Joint development agreement & GPA
• In recent times, the most popular method for building apartments is by way of a Joint Development agreement (JDA). This is an agreement signed between the landowner and the developer, where the landowner gives the land to the developer to build and sell apartments; in return, he gets a fixed set of apartments to sell. The landowner issues a GPA to the developer.
• ii. Sharing agreement
• The Sharing agreement shows the landowner’s share and developer’s share in a JDA. This helps the buyer clarify whether the apartment/property for sale belongs to the developer’s or the landowner’s share and check the validity of the seller.
• iii. Call for inspection of original documents
• Although the builder usually has all the original documents in his possession, he may have pledged the property to a bank as collateral. In this case he may not have the originals. If so, the builder has to provide a No-objection certificate (NOC) from the bank prior to the registration of the property, stating that the money goes towards paying off the loan and the property in question is free of mortgage. When buying the landowner’s share of the property, this scrutiny is slightly less crucial since the landowner’s share is typically free of mortgage in most JDAs.
• 4. Documents for scrutiny for properties with an agricultural past
• i. Pahani or RTC
• The Pahani is a revenue record of tenancy and cultivation (RTC) that describes the rights, tenancy and crops details for the property, such as owners’ details, area of the land, land revenue details, water rate, soil type, nature of possession of the land, liabilities, crops grown etc. Ideally, the seller should have the RTCs from 1969 to date, and all the mutations should be mentioned in the RTCs.
• ii. Record of rights and index of lands
• This document contains details such as the extent of the property, names of the owners etc. Although this document has been discontinued by the Revenue department, it is useful in the tracing of titles. There are reports that it is being unofficially issued, however.
• iii. Mutation extract
• The Mutation Extract is akin to an ‘agricultural khata’ and is issued by the village’s official accountant or Tehsildar. It contains an extract from the mutation register with relevant details, such as those regarding the previous owner, present owner, the mode of acquisition of the property by way of sale or inheritance, and the total extent of the property.
• iv. Tippani and Podi extract
• Tippani is a hand-drawn sketch from the records of the Survey department with respect to a property contained in a single survey number that is not bifurcated into sub-survey numbers issued by the Survey department. For instance, Hissa Podi extract refers to a sketch showing fragments within a survey number with sub-survey numbers such as 159/1, 159/2 etc.
• v. Akarband extract
• The Akarband indicates the total extent, boundaries and classifications of the property. This is issued by the Survey department.
• vi. Village map
• This document shows a clear map of the village in which the property is situated.
• 5. Documents for scrutiny for BDA sites
• Whenever government acquires a land for development of a layout, the previous title is extinguished by law and title starts from the BDA’s acquisition of the property. The following documents should help in ascertaining the validity of the property papers.
• i. Primary documents of title for BDA properties
• • Allotment letter: Issued by the BDA in favour of the present owner if he/she is the original allottee
• • Possession letter: Issued by the BDA in favour of the present owner recording the handing over of the possession of the property to the present owner.
• • Lease-cum-sale deed executed and registered in favour of the allottee by the BDA.
• • Absolute Sale Deed executed and registered in favour of the allottee by the BDA with respect to the property after 10 years from the date of the original allotment.
• • Building Sanction Plan issued by the BDA (or by the BBMP if the building was constructed after it was handed over to the BBMP by the BDA) where a building has been constructed on the property.
• The secondary documents of title for BDA sites are Khata, Tax paid receipts and EC, which have been explained in the list of general documents.
• A thorough scrutiny and verification of the above-mentioned documents will enable you to ensure that the property that you are acquiring has a clear, marketable title and will help you to avoid fraudulent sales and lengthy litigation.
• 6. Buying a BDA site sllotted as compensation to original owners in return for land acquisition to create the layout
• The BDA’s process of forming residential layouts from what is usually agricultural land includes an incentive scheme. This is to make it easy for landowners to voluntarily surrender land. For every acre that the BDA acquires, the landowner is to be given a 60 × 40 site.
• In principle, this scheme works out well for the landowner because of the substantial change in land values once the layout is created and the market value appreciation of residential plots over time. However, this is where the process is different from that of a BDA site allotted to a regular applicant.
• i. For the sake of convenience, the BDA registers it in the name of the Khatedar.
• ii. Unlike the normally allotted BDA sites, where all previous titles and titular claims are extinguished and the new allottee becomes the owner, in the case of the compensatory sites, the situation is different. The land would typically be ancestral land, and many individuals can claim rights over the property, such as heirs, minors, etc. Note that this ‘ancestral’ status carries forward into the compensatory site as is.
• iii. In some cases, if the original landowners were illiterate or short of cash even to register the compensatory site to transfer it to their name from the BDA, they would have then drawn up sale agreements with third parties or brokers. In such cases, it has been observed that sometimes the owners have gotten into agreements even before they are allotted the sites.
• iv. These agreement holders then carry out the rest of the site acquisition formalities. They sometimes pay the money for the registering the site itself.
• All this would have happened by the time you run into such a site, when you are prospecting.
• What you need to do
• Such sites can be identified through the allotment letter of the BDA itself, so always insist on seeing the allotment letter. A compensatory/incentive site will be mentioned as such. Note that you will not be able to spot the difference between a normally allotted BDA site and a compensatory site from a site plan map stone which is sometimes located at key street intersections in the layout. The allotment letter is needed.
• If you are buying such a site, you need to obtain the same documents which will trace title claims, presence of minors, etc. as in the case of buying sites on land with agricultural roots, described earlier in this section. Bring the entire owner’s family tree into the scrutiny process.
• Ask about prior agreement holders, and flush them out.
•
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B khata isn’t an assurance of regularising the irregularities
There are five categories of people based on the khata they have or don’t have.
Category A: Those who have been able to obtain a khata issued by the erstwhile Mahadevapura CMC
Category B: Those who have a Village panchayat khata issued by the erstwhile Whitefield Village panchayat, but for some reason, were unable to obtain a khata issued by the erstwhile Mahadevapura CMC. These would be mostly long standing residents
Category C: Those who have no khatas, who are eligible for ‘A’ khatas and want to apply for these
Category D: Those who have already obtained ‘B’ khatas from BBMP and want to convert their khatas into ‘A’ khatas
Category E: Those who have no khatas, who are eligible for ‘B’ khatas and want to apply for these.
For each of these categories of people, here are the strategies to be followed:
Procedure to be followed by category A and category B
These are the people who have been able to obtain a khata issued by the erstwhile Mahadevapura CMC; or who have Whitefield Village khatas.
Property owners belonging to this category should apply for a khata certificate and an extract of the khata register from the BBMP. The process is described below:
Khata Certificate
How should one apply for khata certificate?
The owner of the property has to give a letter of requisition along with details and receipts of latest tax paid.
What are the documents to be annexed to the application?
All earlier documents of proof of ownership, such as sale deed, land alienation order (conversion of agricultural to non-agricultural property, earlier khata extract of Mahadevapura CMC and/or Whitefield Village khatas.)
These residents will also have to keep their tax paid receipts for having paid property tax, both in the Whitefield Village (if available) as well as in Mahadevapura CMC
Also proof of residence, such as electricity and water bills, Passport copy, Driving licence copy, ration card, pan card election voter card
To whom should one apply?
Applications should be given to the Assistant officer for the sub-division or range. The application can be given in the Whitefield office itself. If not, in the Mahadevapura office.
What is the application fee?
The application fee is Rs.25/- per property, for which the khata certificate is sought.
How long does it take to get a khata certificate?
The maximum period within which a khata certificate should be given is one week under Sakaala. One is also supposed to get it instantly in some citizen service centres, such as the Bangalore one centre.
Khata Extract
How should one apply for a khata extract?
For getting a khata extract, the owner of the property has to give letter of requisition with property location and details.
What are the documents to be annexed to the application?
All earlier documents of proof of ownership, such as sale deed, land alienation order (conversion of agricultural to non-agricultural property, earlier khata extract of Mahadevapura CMC and/or Whitefield Village khatas.)
These residents will also have to keep their tax paid receipts for having paid property tax, both in the Whitefield Village (if available) as well as in Mahadevapura CMC
Also proof of residence, such as electricity and water bills, Passport copy, Driving licence copy, ration card, pan card election voter card.
To whom should one apply?
Applications should be given to the Assistant officer for the sub-division or range. I think the application can be given in the Whitefield office itself. If not, in the Mahadevapura office
What is the application fee?
The fee is Rs.100/- per extract of the property, for a period of 5 years.
How long does it take to get a khata extract?
One week.
While applying for khata, enclose these essential documents and fill up the necessary information in the application form. Submit the filled registration form at the BBMP office and obtain an acknowledgement for the same, bearing the seal of the office. The acknowledgement is part of the one of the sheets in the application.
Once we apply as above, then the BBMP has to either give you the above documents, or they have to admit that they do not have the original documents! I guess that the BBMP will remain silent and not reply to us. So after waiting for a sufficiently long period, say, 2 weeks, one could file an RTI application as to why the BBMP is not giving one a khata! One can ask for (a) details where khatas have been given in Whitefield (Surely, there will be some cases where they would have done this, by taking bribes) (b) whether any written instructions exist to the effect that khatas cannot be given to old khata holders of Village Panchayats or erstwhile CMCs, unless they apply afresh. If we get information that khatas have been given for some properties and also that there are no instructions that property owners who had khatas in the erstwhile Panchayat and CMC should apply afresh for khata registration, then the BBMP will feel the heat and has to buckle down and give us khatas.
CATEGORY C
Those who want ‘A’ khatas afresh:
Khata registration
They have to apply for khata registration as follows.
What is khata registration?
As the city expands, many new areas get added to it. Through a number of ways, new properties are added to the city, for example, through allotment from the BDA or Housing Board, or through the construction of flats and their sale. Each of these properties will require the creation of new khatas in the records of the BBMP. This process is called khata registration.
How should one apply for a khata registration?
The application for khata registration has to be made in the prescribed form. This is available either online or at any BBMP office. Making an application costs Rs10.
What are the documents to be annexed to the application?
A. For properties allotted by Bangalore Development Authority / Karnataka Housing Board
(1) Application in prescribed form
(2) Attested copy of the title deed
(3) Copies of previous tax paid receipts
(4) Possession certificate
(5) Sketch showing the location of property
B. Revenue pockets, BDA reconveyed areas, Gramathana, high rise buildings (both apartments and commercial complexes)
(1) Application in prescribed form
(2) Title documents, flow chart of the Title
(3) Copies of previous tax paid receipts
(4) Proof of improvement charges paid
(5) khata extract issued by previous authority / local body.
(6) Sketch showing the location and measurements of the property
To whom should one apply?
Assistant revenue officer for the sub-division or range between 10 am to 1:30 pm and 2:30 pm to 5:30 pm on all working days.
What is the application fee?
The fee is Rs.100/- per extract of the property, for a period of 5 years.
How do I pay the application fee?
Through demand draft
How long does it take for a khata registration to be completed?
(1) 7 working days in the case of BDA/KHB allotted properties
(2) 30 working days in the case of revenue extensions, BDA re-conveyed areas, gramathana, high-rise buildings (both apartments & commercial complexes)
What happens after the appplication is submitted?
First, the property is assessed for property tax. The BBMP revenue in-charge and Assistant Revenue Officer personally visits the property to assess the property.
Second, BBMP formally communicates the assessment to you, mentioning (i) the property dimensions (in sq feet), (ii) its value as per BBMP assessment and (iii) the property tax liability thereon.
Third, you will also receive a notice from the BBMP informing you to pay the khata Registration fee, which is 2% of the property value as mentioned in the Sale deed.
Fourth, once you pay the khata Registration fee, in about 1-2 weeks, you will receive the notice for paying the pending property tax. This means that technically, the khata has been registered on your name. However, without paying the property tax, the khata Extract will not be issued in your name.
What happens after a new khata Registration is completed?
khata Certificate is obtained for any new registration after paying the tax. The property owner can pay their property tax in two instalments but improvement expense must be paid in lump sum.
CATEGORY D
These individuals have already obtained ‘B’ khatas, so they will have to produce those additional documents that show that they have constructed the structure after following all rules and regulations.
As soon as the intervening irregularity is made up, for example, you get the occupancy certificate, or the non-agricultural occupation of land is regularised, your khata is transferred to the A khata register.
The primary task is to show that the intervening irregularity has been since cured. For this, one will have to obtain the following documents, which are to be given by the builder:
(1) Title documents, flow chart of the title [The developer has to give these details. Normally it should form part of the sale deed itself.](2) Copies of previous tax paid receipts,
(3) Order of conversion of land from agricultural to non-agricultural purpose
(4) Proof of improvement charges paid, if any,
(5) khata extract issued by the erstwhile Panchayat (The developer has to give this copy.)
(6) A Sketch showing the location and measurements of the property (the builder has to give a certified measurement)
(7) The possession certificate
(8) The occupancy certificate: The key is the Occupancy certificate, which the BBMP issues to the Builder, (in the case of flats). This shows that all rules and regulations have been followed.
Importance of the occupancy certificate
You must pressurise your builder to give you the occupancy certificate. Sometimes builders or their agents will promise to get you a khata from the BBMP for a fee. Please question your builder, or his agent or middleman, very closely. Ask him what kind of khata he will get you. An A khata, or a B khata?
If he promises you an A khata, ask him to show you the occupancy certificate. If he does not have an occupancy certificate and he promises you an A khata, then he is lying to you. He cannot get you an A khata. If he has an occupancy certificate, then he must give you a copy. If the builder refuses or dodges you, then you can safely presume that your case it not still fit for securing an ‘A’ khata. Moreover, your builder’s promise to get you a B khata is no big deal, because you can apply for it and get it yourself!
If you have the Occupancy Certificate along with the other certificates required, then you can apply for a khata registration, in exactly the same manner as described above.
Depending on whether you apartment has the occupancy certificate issued by the competent authority or not you will need to enclose the documents as mentioned above. This information, on the documents required are posted on the BBMP website www.bbmp.gov.in under “Katha service.” In the said page itself it is mentioned that if the building is built on revenue land and has not been regularised by the government, then, BBMP for the purpose of property tax will enter the particulars in B register and issue a B Katha. Therefore you should not have a problem in getting the B Katha at least.
CATEGORY E
These are those who want ‘B’ khatas. This is the residual category; comprising of property owners who do not fit into any of the above categories. Most likely, these individuals’ own properties that are constructed on ‘revenue’ land, i.e., land that was not converted from agricultural to non-agricultural use before construction. In such cases, ‘B’ khata registration will be done and details of such properties will be maintained in a separate register named the ‘B’ register of the BBMP.
The application process for ‘B’ khatas is similar to the khata registration process, except that there is a separate form in which to apply. Once the application is made, the khata will be registered and the property assessed for property tax, which the holder will be liable to pay.
Please note, Section 108 A of the KMC Act also very clearly states that the levy and collection of property tax under sub-section (3) by assigning a ‘B’ khata does not confer any right to regularise violation made, or title, ownership or legal status to such building and such buildings shall always be liable for any action for violation of law in accordance with the provisions of this act or any other law.
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