Encumbrance certificate, khata, what's the difference?

Dear Madam,

I am an NRI based in Dubai. I had purchased a piece of land measuring 50ft x40ft in GM Palaya, CV Ramannagar, over 12 years ago. Then, this land was under HAL sanitary board. Subsequently this property came under the Bangalore City Corporation. I applied for a khata in the corporation office, Shivaji nagar, and was given the khata after paying the necessary betterment charge and other fees. The corporation sent their surveyors before the khata was given to me. Ever since I have been in possession of this property.

During 2007, at the time of paying annual taxes, we were informed that this land belongs to the government and that the government now intends to take this land back. We have not received any official letter or notification for this. We did however manage to pay the taxes for the due period. I understand that a block of apartments just adjacent to my plot is also facing the same problem. I want to sell this plot of land and invest the money in a gated community.

Could you advise me on how the Government can now make a claim on this land and if so what should I do to get the problem sorted out.

Ajit Kumar

Dear Ajit,

The details of the claim made by the government must be looked into. If a case has been filed, the copies of the same should be scrutinised. If not, the facts (along with documentary proof) can be ascertained from the concerned government office. You cannot sell your plot if a stay order has been granted. In all cases of dispute of title, the matter will either be settled in court or by arbitration/ mediation/ conciliation/ compromise. You can collectively, along with other owners, seek a solution.

Dear Madam,

I need your advice on a pending legal suit against bogus claimants. Out of the sites formed out of agricultural lands situated in four survey nos. purchased through GPA and developed as a gated and compounded layout, one developed site was purchased in 2004 and duly registered and khata obtained in 2005. 

Though the agricultural lands have been with GPA holder and the developer for more than 14 years, unruly elements, unconnected with the earlier owners of those agricultural lands, are claiming their share in one survey no.

Due to wishy-washy police help and not wanting to force any confrontation due to my old age, a civil suit has been filed against these false claimants who prevented my attempts to construct a garage-cum-watchman shed prelude to my starting construction.

While I plan to submit my papers for regularisation of the revenue site, will this civil suit filed by me be deemed as disputed property and not eligible for regularisation under sakrama?

P Srinivas Ragahavan

Dear Srinivas,

No answer can be given in these columns about any matter that is sub judice. When a matter is pending in a court of law, the outcome thereof should be awaited.  The sakrama scheme (when and if implemented in any form) does exclude matters that are lis pendis.

Dear Madam,

I am interested in purchasing a plot of revenue land in Bangalore city limits. All the areas around it are under the Corporation. So it is very likely to be regularised.
When will registration for such plots re-open?

RRK

Dear RRK,

If the plot is in the CMC area, and the khata and tax receipts have been obtained from the Corporation, the plot can be registered. If it is in a village panchayat area (coming within BBMP jurisdiction) then the khata and tax receipt from BBMP will take longer and a notification is awaited to that effect. Registrations can be done after the BBMP khata is furnished.

Dear Madam,

Recently we bought a 3Bhk flat (there are six flats in the apartment). Can you tell us how to get the khata transferred to our name? Is the deed of declaration from all the flat owners necessary for getting khata transferred? What is the procedure to get the khata, if we don’t want to make deed of declaration? How to make an apartment association?

Anonymous

Dear Anonymous

Procedurally, the deed of declaration is not necessary to get the khata transferred. You can individually or collectively approach the concerned officer to get the khata transferred. The apartment has to be assessed to tax first and sub numbers issued.  If you want to form an apartment owners association, however, you should get the deed of declaration and bye laws drafted and registered in the concerned sub registrar’s office.

Dear Madam,

I am thinking of buying a property in Bangalore, but horror stories from people have scared me for long. I need some advice regarding various scenarios faced by my friends and how to resolve them.

1. The builder changes the layout plan; the swimming pool is smaller and there is no tennis court or no fountain, and the children playing area is smaller.  2. Builder completes the project but does not complete the other facilities (swimming pool, landscaping, club house) 3. At the time of possession, builder charges an exorbitant fee for maintenance.

Surya 

Dear Surya,

In the agreement you can insist on the detailed specifications of the common areas like swimming pool, tennis court, etc., and the time frame within which these are  to be completed. You can also freeze the amount paid for maintenance, which is normally for one year, after which the association will take over the same. After this, it is a question of enforcing this agreement if it is breached.

Dear Madam,

I am a senior citizen and I purchased a BDA site in 1974 and constructed a house in 1983. Since then I have been paying all house and property tax continuously and regularly to date.

At the time of site allotment I was given the following documents: 1. Allotment Certificate 2. Conditional Sale Deed in my name 3. Encumbrance Certificate on my name 4. Approved Plan by  BDA 5. Licence for Construction by BDA. When I asked for the Khata certificate in my name (at the Sub-Registrars Office) I was given the Encumbrance Certificate and told that it was the Khata Certificate. When I went for Registration of my house (in 1983) I was told that the Conditional Sale Deed was sufficient as registration. Is this so? If it is not what is to be done to get the khata and registration done in my name and who should I approach?

Asha 

Dear Asha,

The encumbrance certificate and khata are two distinct and separate documents. One is issued by the sub registrar’s office and the other is given by the revenue department concerned. The registration of the conditional sale deed is generally sufficient (subject to scrutiny of your document) and after the lapse of the lease period it is deemed to become an absolute sale deed without any further act. You are advised to approach the concerned khata transfer office and get the transfer done.

Dear Madam,

A few of my friends together are trying to buy a land which  may be under the yellow belt. I would like to know: 1. Where to get/view the CDP to check whether it belongs to the yellow belt or not? 2. What is the best way to register the site. We are buying that land to get a BBMP approved building plan. 3. As I understand we can covert a yellow belt to residential. What is the procedure for that?

Sunil

Dear Sunil,

Depending on where the land falls (BDA or BMRDA) you should approach the concerned office to view the CDP. If the property is in the BBMP area, you can see the plan in the BBMP office.

You can jointly register the property in your names without dividing it.

Later the same can be divided through a registered partition deed with a specific flat and proportionate undivided interest in land.

If any bank loans are to be procured, it is advisable to get this scheme whetted by the band before proceeding with it. Any land ear marked in the BDA or BMRDA master plans as yellow in colour can be converted for residential use by the concerned deputy commissioner.

The procedure is rather tedious and is best left to professionals. 

The author is a practising advocate specialising in real estate matters. Email your queries to [e-mail]. ark your mail with `Legal Angle’ in the subject line or write to : The Editor, Legal Angle, Deccan Herald, 75, MG Road, B’lore - 560001.

(Disclaimer:  All the answers  are of a general nature. It is advisable to get specific legal advice after furnishing detailed history of individual case.)