Dear Madam,
I bought a 30x50 BDA approved plot from the 1st owner in January, 2006. I had it registered in Kengeri Sub Registrar's office.

Now I want to do the khata transfer. However, the owner is now abroad and is unable to give me the original khata for me to apply for transfer. He has kept the khata in a bank locker which only he can operate in India. In this situation, how can we proceed with the said transfer.

I need it urgently to start construction. Is there some other way to get the khata transfer done?
Sunder

Dear Sunder,
The BDA does ask for surrender of the original khata. Since you have not collected all the original documents from the previous owner, you could consider the option of giving an affidavit stating that the old khata is lost / misplaced and support it with a public notice in a newspaper.

Dear Madam,
I have purchased a site and would like to do khata transfer. I have few questions regarding this:
1) Do I need to surrender the old khata?
2) What are the documents I have to submit?
3) Whose attestation is required on the copy of documents which I submit? Is it alright if it is done by a Gazetted officer (or) Notary Public?
Narsi
Dear Narsi,
Except for BDA plots, the surrender of the original old khata is not required in other cases. You have to submit the sale deed, tax paid receipts, copy of old khata, if available, sketch of land and filled up application form. On payment of requisite fees and National savings certificate, the documentation is complete. Attestation if required, can be done by a notary.

Dear Madam,
My father purchased land at Jodhi Cholappana Halli village. On August 1, 1972, by way of sale deed from a Scheduled Caste person named Neerganthi, he stated that he had acquired this property from his father who, in turn, obtained this land for ‘Kandyam’ from Joidhidar ( which was stated by him to Kolar deputy commissioner by way of case number and obtained occupancy right under Inam Abolition Act, section 5 (Mysore Inam Abolition Personal and Miscellaneous Act ), ordered in 1962.
So this deed comes under the PTCL Act. Kindly advise.
S Lokesh
Dear S Lokesh,
The SC/ST grant certificate is the genesis of title under the KPTCL Act. If the land has been granted under the Inam Abolition Act, then KPTCL Act will not apply. However, you are cautioned to approach a lawyer with the title papers before arriving at a firm conclusion.

Dear Madam,
(1) What is the difference between the BMRDA  (Bangalore Metropolitan Regional Development Authority) and LPA (Local Planning authority)? As per the BMRDA website, there are five LPAs (http://www.bmrda.org)
(2) My layout comes under the Anekal taluk. It is approved by the BMRDA and has a BMRDA approval number. However, it is not there on the Anekal Planning Authority website. Does this mean that the BMRDA approved layout should be additionally approved by the LPA?
Abhishek
Dear Abhishek,
The BMRDA is in charge of creating the master plan for the entire surrounding areas of Bangalore. Thereafter, it was handed over to the five different Local Planning Areas for the purpose of administration. There is no need for approvals from both planning authorities to form a layout, as LPA is only an administrative arm of the BMRDA for this purpose.

Dear Madam,
My uncle (my mother’s brother), has a site in Bangalore which was bought by his own source of income. He died without making any will. He has no issues. His wife died five years before his death. His only living relatives are my mother and his brother’s daughter. His brother also expired 10 years prior to his demise. Now who will inherit this property?
Raghu
Dear Raghu,
Your mother and the surviving daughter will inherit in equal shares.

Dear Madam,
I am planning to buy a plot from Nigama Developers  - Sai Ashirvad Phase -2. The Builder claims that Phase-I is approved by BMRDA and sold out. Phase-2 approval is pending and would happen in another month or two.
My questions are:
1. Is it true that the BMRDA would start approving the sites in another two months?
2. What are the documents I could check with the builder, to verify the legitimacy of the land?
3. Where can I get information on whether the builder is legitimate and has applied for approval of the layout?
Jothilingam
Dear Jothilingam,
If the layout is in Ramnagaram district, which includes the Bidadi area, then the time frame of approval is uncertain as the Interim Master Plan for that area has not yet been approved by the government. There is no reason for delay in other areas. You can get an undertaking from the developer that he will procure the plan sanction within a certain time and then give a small amount for booking. The same should be refunded in case of delay or default.