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Discussion > Legal Documents > Documents > Buy apartment bbmp b khata property and land is a khata   Unanswered Threads Post New Topic

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There are 4 Replies to this message


suman


Solution Developer
[ Scorecard : 30]
Posted On 24 June 2013 at 16:52 Report Abuse

Hi All, Can anyone help? I am planning to buy apartment BBMP B khata property. Will there be any problem if I buy this kind of property? As per the discussion with Builder he told Land is A Khata and Apartment is B Khata and remain quailty apartment is good. and He told bank loan also provide in HDFC,PNB,Axis Bank Thanks in Advance


ramachary64@gmail.com


Practicing lawyer in High court judicate at Hyderabad, Telangana State mobile no:9989324294
[ Scorecard : 8551]
Posted On 24 June 2013 at 20:00 Report Abuse

If Bank loan is provided. No problem. Enjoy.


narendra.s.p


Chief Manager(Law)
[ Scorecard : 499]
Posted On 25 June 2013 at 10:34 Report Abuse

“B” KHATA : Refers to the following types of Land/building: a) Where the Layout plan is not approved by Town Planning Authority but approval is obtained from Gramathana/Panchayat. And / or b) Where the Conversion order has not been obtained from the Deputy Commissioner and c) The Land/site is not situated in the Residential Zone of the Development Plan. The Municipal Tax in respect such property is collected by BBMP and recorded in “B” Register maintained in the concerned Municipal Ward and the “Khata” or account in respect of the Land/building is referred to as “B” Khata. APPROVAL OF LAYOUT PLAN: Under the provisions of section 14-B of the Karnataka Town & Country Planning Act, 1961, the development rights of the area/land [ in which the site of the employee is situated] should be authorised for purpose of residential use by the jurisdictional Town Planning Authority. To ensure this, the Plan of the Layout formed by private developers should be approved by the Jurisdictional Town Planning authority. Gramathana / Panchayat is not a Town Planning Authority. Layout plan approved by Gramathana is therefore unauthorised. Under the provisions of section 47 (1) (a) of the Karnataka Town & Country Planning Act, 1961, the concerned Planning Authority is vested with powers to remove, pull down or alter any building in its area of jurisdiction for not complying with the above provisions of law. CONVERSION ORDER & UNAUTHORISED LAYOUT Under the provisions of section 95 of the Karnataka Land Revenue Act, 1964, an order of the jurisdictional Deputy Commissioner for converting Agricultural Land for the use of non agricultural [Residential] purpose is required go be obtained. In absence of such a conversion order, the Land used for construction of house would be unauthorized. However, if the Layout is within the jurisdiction of BBMP, then in absence of conversion order, it should be ensured that the Land is within the area earmarked as Residential Zone of the Development Plan [Master Plan of BBMP]. If the Layout is situated in Green Belt or any Zoning Area not earmarked as Residential Zone, then such a Layout is unauthorized.


Sandeep


self employed
[ Scorecard : 22]
Posted On 20 July 2013 at 00:47 Report Abuse

Dear Suman,

I also own an apartment in a building where land has "A" Khatha and betterment charges paid and building plan sanction approved by BBMP. But BBMP is only issuing "B" Khatha because we do not have Occupancy Certificate which is mandatory NOW is not being issued to building because of violation of building plan (setbacks and Floor Area Ratio). There is absolutely no danger or risk involved in going for such a flat. But i don't know why there has been a lot of negative publicity given and also banks hesitate funding such apartments.

I would like to tell you that almost 80% building do not have Occupancy Certificates in Bangalore, infact i own another flat which i bought in 2001 which doesn't have Occupancy Certificate and has all possible bye-law violations which you could think of and yet we got "A" Khatha for it those days.

If you had to buy a flat having A Khatha then either it will be too old or too expensive, expensive because new flats which are built with too little or no violations will be quite expensive. No apartment building will be demolished, and will be regularized during Akrama-Sakrama. So if banks are funding (which they should if they don't want to shut down) you can go for it.

cheers

Sandeep 


Ananth


Sr.Executive
[ Scorecard : 28]
Posted On 20 June 2014 at 12:02 Report Abuse

Thank you for that info. Just wanted to clarify one more thing here. If the layout plan is approved by CMC body which we have understood is not suppose to approve, what is the next step to legalise the layout plan. The tax is being paid at BBMP office till date. But no one has proper layout plan.

Can we approach BBMP to earmark as per our sale deed and give us the authority to construct ? or should we ask them to sketch up and do the layout plan first before taking any other step ?

The land is in B khata, DC converted  but with layout plan approved by CMC (not bda or bmrda).

Please help how to make it legal land. This was bought when it was under CMC, now turned to BBMP jurisdiction



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