• Can we buy house constructed in 9/11 Khatha plot

GM Sir/Madam

We are planning to buy a independent building (G+4) constructed in 30 * 40 site located in Electronic city-2, Santhipura. Owner claims land is having only Form-9 and Form-11 certificates and no e-khatha.Also as per owner layout is not having any layout approvals.Also building had only plan(G+2) approved by panchayat office and had no building licence copy or OC. Is it safe to take this property or do we face any issues during registration and khata transfer? Also In future if we want to sell this property what type of problems we may face? 

Please advise your suggestions on this.

Thanks in advance.
Asked 4 years ago in Property Law
Religion: Hindu

2 answers received in 30 minutes.

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9 Answers

Property positive points…

  1. legally converted to a non-agricultural property under Karnataka Land Revenue Act, 1964 by the Revenue Department Offic.
  2. Has sanctions and approvals for plans under the Town and Country Planning Act from the government department concerned.

  1. Verified by the Tahsildar, and its location within the Gramathana of the village confirmed via a sketch.

Negative…

  1. Has only two floor sanction.

The property will be certainly regularized as there are some 6L property waiting regularization by Authorities. If the deal is profitable, go ahead.

Ravi Shinde
Advocate, Hyderabad
4371 Answers
42 Consultations

Do not go to behind such properties for buying. Purchase free hold property in this digitalized era. 

If you want to know all require correct mutuation papers of land. Kindly approach SBI loan process and ask th loan against this property, they will provide you list of more documents that's need to submit in the bank.

If SBI approved loan amount against this property then you can purchase it.

Ganesh Kadam
Advocate, Pune
12997 Answers
264 Consultations

1) take 30 years title search to check whether title is clear and marketable 

 

2) obtain lawyer opinion that title is clear and marketable 

 

3) ask seller to obtain building completion certificate 

 

4) contact a local lawyer 

Ajay Sethi
Advocate, Mumbai
97438 Answers
7874 Consultations

The panchayat approved plan for G +4 is not available with the seller because he has obtained permission for only G+2, therefore the other two storey are illegally constructed and liable to be demolished by the competent authority whenever there is an order passed in this  regard. 

For the Gram Panchayats Form Number 9 and 11 are essentially instruments for property tax collection. Gram Panchayats are local civic bodies and and are authorised as per section 199 of the Karnataka Panchayat Raj Act,1993 to collect property taxes.

Form-9, also known as A Khata, is created by the respective Gram Panchayats for non-agricultural properties under their dominion. ... For a property to acquire Form-9, it has to: Be legally converted to a non-agricultural property as stated in the Karnataka Land Revenue Act, 1964 by the Revenue Department Office concerned.

According to a recent order issued by the Rural Development and Panchayat Raj department (RDPR), the gram and taluk panchayats can approve layouts/residential properties proposed to be formed/constructed in less than one acre of land in village limits.

The most important thing a buyer needs to do before choosing to buy a gram panchayat land is to verify the name of the authority that comes under the jurisdiction of the area. In many instances, the gram panchayat does not have the authority to convert agriculture land to residential property and use.

You can refer the subject before a knowledgeable lawyer in the local and get his opinion, if recommended you can proceed or you can decide.

 

T Kalaiselvan
Advocate, Vellore
87639 Answers
2352 Consultations

- Khatha is a document that shows a property owner having an account with the Municipality or any civic authority  for paying taxes.

- Further, it include the property owner’s name, size/measurement of property, location, built-up area, vacant or occupied etc.

- Further it is required to to apply for electricity and water connections, for trade and building licenses, building plan approval, and it is also one of the important documents to be submitted to a bank when applying for a loan.

- And further, E’ Khata: i.e. Electronic khata is filed online, and it allows property owners to pay their property taxes online.

- Further, Occupancy Certificate evidences the completion of the building as per the approved plan and compliance of local laws.

Further, It is illegal to occupy in a building or apartment that doesn’t have an occupancy certificate. Buildings without OCs are not given a water connection and are charged a higher property tax.

- Hence, in future you can face problems after purchasing  the said building. 

Mohammed Shahzad
Advocate, Delhi
14746 Answers
224 Consultations

Local lawyer can guide you in this regard as to whether registration is being allowed for form 9 and 11 sites in Karnataka 

Ajay Sethi
Advocate, Mumbai
97438 Answers
7874 Consultations

Once the regularisation is implemented again by the government then the registration of revenue sites will also begin. 

You may enquire from the local registrar office about it and proceed but please obtain a legal opinion before venturing into the purchase. 

T Kalaiselvan
Advocate, Vellore
87639 Answers
2352 Consultations

Dear sir/ma'am,

 

As per the information provided, the most crucial documents like e-Khata and layout approvals are missing. You must take a lot of caution as land mafia is a huge thing in Karnataka and is increasingly rapidly where the same land is sold to multiple people. Also many cases are pending in the court, where seller has fraudulently sold property to another. Later on, you any face difficulties from govt. authorities or some one else might claim ownership of your land. It is advised in your best interest to go through all govt. records pertaining to this land and ensure that it is not a subject of an ongoing suit in court. The deal might seem to be very profitable now, but could incur huge losses later if not taken with extra caution. Thank you

 

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Anik Miu
Advocate, Bangalore
10358 Answers
121 Consultations

- If,  Karnataka Government allowing registration of form-9 and form-11 , then you can proceed to purchase the said property .

- However, you should approach the office of the Registrar before going ahead. 

Mohammed Shahzad
Advocate, Delhi
14746 Answers
224 Consultations

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