Property Purchase in Bangalore

Q & A Forum › Category: Real Estate › Property Purchase in Bangalore

Rabindra asked 8 years ago

Hi Sreekanth, How are you? I need your suggestion cum opinion on one of the property that i am planning to purchase.The property (2bhk flat) is located near Domsandra circle (from here 4kms inside), Bangalore, its under grampanchayat limit,layout approved by BMRDA and looks good to me.I am verified the legal documents as well via a lawyer, all looks good. Also i did a ground work for verifying the documents via differnt Karnataka govt websites such as eSwathu, bhoomi, karnatakalandlord,RERA etc.But i have a doubt on the khata document. The builder provided me the E-Khata as a legal document verification process. When i see the khata it was mentioned like its 11B properties. Also to double check the same khata i was downloaded from eSwathu website by providing the PID no, both are same at this point. While researching on the 11B properties i have received a lot of information from differnet sites and people and came to a confusion state. somewhere it was mentioned like the grampanchayat will issue Ekhata with form 11B for illlegal properties to collect the tax and it comes under B khata. Somewhere it was mentioned like there is no concept of B khata etc.. When i asked to the builder regardinng this E khata with 11B peroerties they replied me like below Panchayath will issue E-Katha in form 11B to the converted vacant land before getting the single plot approval but it will not issue the form 9 and E-Katha in form 11A along with form 9 will issue to the individual flats after construction of flats. My understanding on the above statement is like during registration of the flats the grampanchayat will issue the Ekhata + Form 9 + Form 11A via builder.could you please clarify? Also is this the right process / rule followed by the grampanchyat officials? Apart from this i have verified all the legal documents (DC Conversion Letter+all the EC + BMRDA plan+ site plan+ NOC+ sale deed+ family tree+MR+CC+RTC+Survey Doc+PTCL+Tippani + Tax paid receipts + KSPCB NOC+ Akarabhand + Public notice message news snapshot for the late people in the family tree + etc..) Also most of the nationalized banks (HDFC, IIFL,SBI etc.) are providing loan for this property. Could you please share your opinion on this? Thanks, Rabindra

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Sreekanth Staff answered 8 years ago

Dear Rabindra, Based on the provided information, I believe that all is well with this property. Gram Panchayat now issues E-Khatha and property taxes are collected and accounted for. A-Khatha is not provided for GP Properties. e-khata was introduced to prevent registering of non-released BMRDA sites. It is similar in context to BBMP A khata . Yes, there is no concept of B-Khatha. The properties under the B register (popularly known as B-Khatha) will not obtain E-Khata as they will not have the PID number. One important point to note is, GPs does not provide Occupancy Certificates. The builders have to apply for them through BMRDA authority. Are they ready to get you the OC after the completion of the Project? Kindly check with them.. Also, the proposed building plan should have approval from the civic body BMRDA and not just from GP. Related articles :

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Rabindra answered 8 years ago

Hi Shreekanth, Thanks for the info. What about the 11B properties that was mentioned in the E-Khata, could you please share some info on this? as per my initial discussion with the builder they are telling that to provide the OC as well, also the same was mentioned in thier sales aggreement copy. i have the Commencement Certificate from the Anekal Planning Authority, is this enough to get to know the same ? Actually the project is coming under Anekal taluk (Anekal Planning Authority), Project name is Sowparnika Tharangini Phase 1. Is ther any other documnets i need to ask them for the same, please advise? Also in the RERA site it was mentioned that the approving authority is BMRDA. Thanks,
Rabindra

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Rabindra answered 8 years ago

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Sreekanth Staff answered 8 years ago

Dear Rabindra, I believe that properties which have incomplete or improper documentation are listed in a temporary register (popularly known as B Register), awaiting further documents or approval. The certificate and extract from this register are known as B –Khatha locally. All legal properties will be given Form 9 (‘A’ khata for properties in panchayat limits), while illegal properties (with inadequate documents) will get Form 11b (also called ‘B’ khata).

Kindly make sure that 'OC' clause (should be given by BMRDA) is quoted in your Sale Agreement with builder. Once the project gets completed, the Anekal TPA will give Completion certificate as well.

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Rabindra answered 8 years ago

Hi Shreekanth, Thanks for the info, however the OC clause is mentioned like below in the sale agreement Procedure For taking Posession ; The Promtor, upon obtaining the Occupancy Certificate from the competent authority shall offer in writing a possession of the Apartment, to the Allottee in terms of this agreement to be taken with in 3 months from the date od issue of such notice and the Promtor shall give posession pf the Apartment to the Allottee. The Promtor agrees and undertakes to indemnify the Allottee in case of failure of fulfilment of any of the provisions,formalities,documentation on part of the promtor. The Allottee agrees to pay the maintance charges as determined by the promtor of allottees, as the case may be. The Promtor on its behalf shall offer the posession to the Allottee in writing within 15 days of receiving the occupancy certificate of the project. Posession by the Allottee ; After obtaining the occupancy certificate and handing over the physical possession of the Apartment to the Allottees, it shall be responsibility of the Owner/Promtor to hand over the necessary documents and plans, including common areas, to the association of the Allottees or the competent authority as the case may be, as per the local laws. Is this info is enough about the OC given by builder,please advise? Thanks, Rabindra

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Sreekanth Staff answered 8 years ago

Dear Rabindra, The above clauses look fine to me. You may also get legal expert's opinion on this. Also, make sure that the OC is given by the Authority/Civic Body and not by the Promoter.