Exclusive HOLI Discounts!
Get Courses and Combos at Upto 50% OFF!
Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Rasool (IT)     19 March 2010

how to check Khata & Khata extract genuinety

Hi All,

I have done an agreement to buy a home (built on a revenue land)and was said by the owner that there is no khata & khata extract along with door number and needs to be created in the municipal council.

When i enquired in the municipal council they said for revenue land its not possible to create the khata certificates and can  be done only after akrama- sakrama is issued by govt( i stay in karnataka).

now the owner promises that he can get it done some way by paying bribes to officials. so please help me how to identify whether these are genune certificates and are valid.because the officials who were doing these earlier have been suspended but the new officials are doing these certicates as well.

i cant cancel the agreemnet now bcoz i have already paid 4lacs and owner is not ready to pay back.

 

Please advice me it would be really a great help for me.

 

Thanks in advance.

 

Regards

Rasool



Learning

 6 Replies

Gundlapallis (Advocate)     20 March 2010

I advice you not to go for this deal - ask your seller to give back your money - if any written agreement is there between you and your seller tell him that you will file a criminal case against him for his illegal attempt to sell and illegal advices he gave.

1 Like

Rasool (IT)     20 March 2010

Hello Sir,

Thank you very much for your advice.

I tried negotiating with the owner to get back my money but he is refusing to pay back and says the agreemnet would get cancelled in 3 months time i.e on 22nd may 2010. And he does not have to pay back my advance money.He says i can file a case he doesnt care about it.The agreement does not have a clause stating he as to return the 4Lakhs paid by me.

So in this case shall i have to wait for the agreement time to be completed and then file a case? will it be civil case or a criminal case?and whats the possibilty of me getting back my advance amount if i go to court?Approx. how long it would take the matter to settle in the court.?

 

Thanks once again for helping in this matter.

Please please reply

 

Thanks & Regards

Rasool.

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     21 March 2010

You can file a civil suit against him and can back your hard earned money

Gundlapallis (Advocate)     21 March 2010

In Andhra Pradesh selling of assigned lands are prohibited.  I dont know which state you are from.  These laws differ from state to state.  If alienation of assigned land is prohibited in your state also you can file a complaint before a Revenue authority. 

While putting such questions pertaining to landed property its always better to disclose where the property is situated - so that experts who have local knowledge can give you correct answers. 

Adv. K.S.A.Narasimha Rao (legalquestadvisor@gmail.com )     24 March 2010

Mr. Rasool,

Just send me your Agreement of Sale Copy so that i can advise you exactly, as per your contentions, the land was an agricultural land converted as residential land and without permission, he constructed a house thereon. so he might not be having any permission from municipal council, the katha may not be available with municipality. Hence, I hope that subject property is not a Government land or assigned land as stated by Gundapallis, Advocate.

In contracts, we can conclude the matter in any manner we have to go only after going through the document. Hence, you can contact your local advocate or i can suggest you if you can send me the copy through email.

S.A.NARASIMHA RAO KARRI

ADVOCATE

 

1 Like

Rasool (IT)     24 March 2010

Hello Mr Gundapallis & Mr NARASIMHA RAO & Mr Rajkumar

 

Thank you very very much for your sugesstions.

I am from karnataka and the property is in davangere.and i dont know what are the rules regarding the revenue lands.

Mr Narshimha the agreement copy is made in local kannada language so i think its not usefull if i send a copy to u...What does it mean from your statement that "we can conlcude the matter in any manner"

Yes the land was an agriculture land coneverted to sites but still remain as revenue sites.its from past 30 years remains the same.its only when i enquired the registrar i came to know that this cant be registered and needs a khata extract from municipal.when i enquired in muncipal council they said that khata extract can be done only when karanataka govt issues "Akrama -sakrama" order ( meaning illegal to legal conversion). i should have done this all before going into an agreemnet i think its my mistake and bad luck it all happned.

Thanks once again i will check with a advocate and proceed further.

Please advice from you side as well.

 

Thank you very much once again.

 

Thanks & Regards

Rasool


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register