• Purchase of land

I'm planning for a purchase of plot site in village Gantiganahalli, Yelahanka Bangalore. The land is just behind the Yelahanka Army Air Port Boundary. The developer says it's come under Panchayat Khata 9 and 11a. He said they don't have conversion order yet. However mentioned this is coming under the BBMP and process has been initiated.

Please can you advice me, is it safe to go ahead? As I want to construct house once purchased.
Asked 4 years ago in Property Law
Religion: Hindu

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12 Answers

It is not advisable to purchase the agricultural land without getting it converted to NA and also plot conversion by the competent authorities. 

The Village panchayat are not competent authorities to sanction approval for NA conversion.

The builder/seller/promoter may tell plenty of things in order to sell the property, but once the property is sold, then you will not find him to sort out the further legal complications that may arise in this regard. 

B-khata is just a register maintained by the BBMP to collect taxes from the revenue property holders. B-Khata is not considered as a valid Khata extract.

Form-11 is a document issued by the Gram Panchayat for non-agricultural properties in its jurisdiction as per Karnataka Panchayat Raj (Grama Panchayat Budgeting and Accounting) Rules 2006, Amendment Rules 2013 mentioned under Rule 30.

11b Khata:

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).

Thus anyone having a B khatha essentially is a non BBMP approved construction. Hence it is not advisable to buy such properties

T Kalaiselvan
Advocate, Vellore
86941 Answers
2334 Consultations

1. As per your narration, it appears to be O.K. to buy the property.

2.  The documents detailed by you are the desired documents.

3.   However obtain legal opinion from a Lawyer to know if there's any defect in title.

Shashidhar S. Sastry
Advocate, Bangalore
5384 Answers
329 Consultations

The bank lawyer is right in demanding the land conversion approval letter from the competent authority without which the property will still be considered as agricultural property only.

You cannot construct a residential or commercial building in the agricultural land.

You may insist on the conversion approval letter from the seller, if he is not providing the said document, you may drop the idea of buying the property.

 

T Kalaiselvan
Advocate, Vellore
86941 Answers
2334 Consultations

Don’t purchase the land if developer dies not have conversion order 

 

If lawyer certifies that title is clear and marketable then only purchase the land 

Ajay Sethi
Advocate, Mumbai
96744 Answers
7804 Consultations

Act as mentioned herein above 

Ajay Sethi
Advocate, Mumbai
96744 Answers
7804 Consultations

Unless and until the land is converted into residential one on which basis a sanctioned building plan is also given then only you should proceed to buy this property. 

Consult a local advocate who can inspect the the papers and advise accordingly. 

Devajyoti Barman
Advocate, Kolkata
23187 Answers
510 Consultations

- Since, you want to construct a house on the said land after purchasing, which is not possible without getting conversion letter from the competent authority. 

- Further , the Village Panchayat is not having legal authority to issue the conversion letter and to permit the construction therein. 

- Further , B-Khata is only for tax purposes of the property , and not give you authority to proceed for construction.

- Hence, without getting conversion letter from the competent authority , you are not advised to purchase the said land. 

Mohammed Shahzad
Advocate, Delhi
14415 Answers
221 Consultations

Dear sir, 

As per your input, you can go for purchase of the land.  

Ganesh Singh
Advocate, New Delhi
6757 Answers
16 Consultations

This includes a knowledge of local laws prevailing in the state, hence it can effectively be answered by only a local lawyer.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

You need a conversion order in the same without it the title may be defective

Prashant Nayak
Advocate, Mumbai
32366 Answers
199 Consultations

If the nature of the land has not yet been converted from agricultural to residential, it is not safe to buy the land.

Krishna Kishore Ganguly
Advocate, Kolkata
27430 Answers
726 Consultations

Bank lawyer is right in seeking the conversion order as otherwise it is not safe to buy the said property.

Krishna Kishore Ganguly
Advocate, Kolkata
27430 Answers
726 Consultations

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