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Rajiv Athreya (Director)     02 September 2013

Noc and possession certificate for "a" khatha

I have purchased a newly constructed flat in bangalore from a local builder. We have registered the sale deed and moved into our house though many works are pending from the builders end. Likewise 12 of the 20 flats have been occupied and we have formed an owners association with the present owners. 

The builder is now demanding a few of the owners to pay an additional 5 lakhs and is threatening not to give us NOC required for "A" Khatha. On telling him that we will take the legal route, he says that the building is not as per sanctioned plan and that all owners will face problems if the property is brought under legal scanner. He is an extremely arrogant and rowdy like fellow. He says that his business will not be affected and he can evade any legal action.

As homeowners we are now confused what to do knowing fully well that the property is not as per sanctioned plan and an illegal house is built on the top floor and already registered in the name of the builders son.

I have 3 questions

1. Is NOC from builder required for obtaining "A" Khatha? 

2. Does having an "A" Khatha guarantee that the government cannot impose any regularization fine / demolish the constructed building on account of having already obtained the "A" Khatha? Our builder is telling us that under new land aquisition bill, government will not penalise any illegal property which has "A" Khata  

3. What is the suggested course that the affected owners should take

 

Your suggestions are much appreciated 



 1 Replies

Advocate Ravinder (Advocate/Attorney)     09 September 2013

Since you are flat owner, you can file a Consumer case against your building.  Even if the Building is not constructed as per sanctioned plan, it is the fault of Builder only.  You do not worry.  You can also file a cheating case against him.  If the builder denies to give NOC, you can get it done through court of law.  A Khata does not guarantee unauthorised construction.  For that your flat owners association should file application before the Municipal authorities by paying penalty and this penalty you can collect later from the Builder.  


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