A khata for Layout but not for Individual sites

sunidba
Posts: 9
Joined: December 4th, 2011, 5:17 pm

A khata for Layout but not for Individual sites

Post by sunidba »

I had seen a site in JP Nagar 5 phase( opp to Brigade palm strings.) The layout is something called sliver oak layout second phase.
The fisrt one is fully developed and there is 2nd phase now for sale.

The reseller agent is asking 5k. But i doubt if the bank will give loan for layout which has one single A khata , but not the individual site. ie., khata bifurcation is not done for individual sites.

As far as my knowledge, BBMP will not issue individual khatas till Akrama sakrama.

any suggestions ?
leelapk
Posts: 52
Joined: January 1st, 2012, 6:22 pm

Re: A khata for Layout but not for Individual sites

Post by leelapk »

sorry, but I have a similar question ...

If there is a layout and one of the sites in layout has 'a' katha and other sites don't have 'a' katha's
Is this possible?
If it is possible, which means, individual owner of a site can pay betterment charges and get 'a' katha
Which documents should I check to ensure katha bifuraction has happend?
hkrish
Posts: 43
Joined: May 29th, 2012, 1:49 am

Re: A khata for Layout but not for Individual sites

Post by hkrish »

All,

I have a similar question.
I see many layouts which say D.C.Converted, BBMP A-katha approved for entire layout.
When enquired, owner says he paid betterment and got A-katha for entire layout

Also has BDA-NoC (stating neither they acquired in past nor interested in future and dont have a problem
of residential coming there).

Catch is, he says for individual sites at time of registration you will get B-katha only.
Is it correct ? Is it not that an A-katha layout split does not give A-kathas ?
Strangely many of the private banks including reputed ones are giving loans to build home.

Is it because during sale, we apply for New-katha certificate using form for
katha-transfer/bifurcation/new-katha registration and only if individual
site owner pays betterment for his individual site he will get A-katha or else he wont, is it not ?

Please clarify
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chidu
Posts: 44
Joined: September 1st, 2011, 12:07 pm

Re: A khata for Layout but not for Individual sites

Post by chidu »

As per Karnataka municipal corporations amendment act 2009, sec 108A

"(3) The Bruhath Bangalore Mahanagara Palike may levy and collect the property tax from every building, vacant land or both including a building constructed in violation of the provisions of building byelaw or in an unauthorized layout or in a revenue land or from a building occupied without issuance of occupancy or completion certificate except the building constructed illegally in Government land, land belonging to any local body, any statutory body or an organization owned or controlled by the Government. The property tax collected from such building shall be maintained in a separate register:
Provided that levy and collection of property tax under this sub-section from such building does not confer any right to regularise violation made, or title, ownership or legal status to such building. Such buildings shall always be liable for any action for violation of law in accordance with the provisions of this Act or any other law."

DC converted land owner who wishes to pay tax for the entire land will get A Khata. However, if the layout is formed is a unauthorized layout or a revenue land without DC conversion, then BBMP will collect taxes for such properties in a separate register called B Khata however this does not guarantee any right for ownership or legal status. It simply collects taxes for area maintenance.
binost
Posts: 6
Joined: May 12th, 2012, 12:08 pm

Re: A khata for Layout but not for Individual sites

Post by binost »

@chidu, I am sorry, your answer did not clear the doubt. Is it okay to have A Katha for the entire layout? Can we built a house and resell the individual site without any issues? Or do we need to apply for Katha bifurcation? Appreciate your replies.......
hkrish
Posts: 43
Joined: May 29th, 2012, 1:49 am

Re: A khata for Layout but not for Individual sites

Post by hkrish »

All the brokers i have met they mention you will get katha (A-katha) but in reality you will NOT get katha.

Most BBMP approved layouts, have whole land A-katha layout is actually NOT a layout at all in the STRICT sense. They got A-katha for whole land and sub-divided the whole-land in to several plots and roads. Now the question is, does the road within the layout belong to whom ? to BBMP or is the land for road still under the layout-owners name ?. Please think about this.

Actual way of doing a layout is to give 40% to common ammenties like roads, parks, sewage,water tank,electric poles etc,.and the remaining 60% for plots. In such case BBMP will give katha for individual plots as the developer would have paid betterment for EACH-plot. But when they get BBMP whole land A-katha, technically speaking according to BBMP, you are going to build a single house in that BIG-layout land, which in most cases fits only for apartment. BBMP responsibility is to help one-road connection, electricity/water (indirectly) reach to your BIG home or the apartment and not more. But the developers get whole land A-katha approval and smartly sub-divide that whole layout into several plots and sell it, leaving no-space for parks and common amenities. So in which case, how can BBMP give katha for individual plots, so they make an entry in the B-register, and do not give katha.

Let us think about this in other direction. I have 2-acres of land, and i get katha for whole land and sub-divide to several plots and sell it off. Now next land owner who has 2-acres, he also does the same. Finally in entire bangalore you will see layout after layout with no room for parks, common-amenties etc,. Is this fine ?
Now who does not like Jayangar, JP nagar which has parks and houses etc,. So my strict personal opinion is to STOP buying such whole land A-katha (finally B-katha properties) and making developers rich, and buyers create more B-katha properties in bangalore, and not getting a house-loan approval.

I got this learning in extremely HARD-way after discussing this with several good lawyers who are soaked in this field and explained to me the reason of How B-katha properties are formed and how one should stay from it, and why actually government wants to discourage formation of B-katha by not giving proper katha.

Even if you read Chidu' message inbetween the lines it says exactly what i have told "However, if the layout is formed is a unauthorized layout or a revenue land without DC conversion, then BBMP will collect taxes for such properties in a separate register called B Khata". Which means there is something called authorised and un-authorised layout. IF the whole land has A-katha, and then they're giving individual sites for B-kath, then is the REVERSE meaning not true that the layout is actually in strict terms not authorised ? There should be a difference between developers who get whole land A-katha and genuine developers who split the whole layout properly and give room for parks and get individual katha in their name and transfer it to the buyer name, which is the actual, correct procedure.

But inspite of knowing all this people still buy plots and "create" B-katha plots, by buying such properties. This is because brokers/developer CONFIDENTLY tell that SURELY you will get Katha. If that is case, please ask them these 2 questions:
a. Am i the first buyer of the plot in your layout, for which the answer will be No, and will say many have bought
b. If (a) is true, please ask them to show Xerox copy of one of the KATHA of one of the buyer and request them to provide his telephone number.

Most cases you will never see the broker/developer again.

The most dangerous problem with B-katha sites is you will not get loan to build a house, and so many in the layout will not be able to build the house, so it will be a barren lands, with grass sprouting from the roads for years to gether. And since no house is there, some day BDA - MAY come and take over (Even though you may have NOC), as the land is not fully put to use. Or even if they dont, the buyer has to wait indefinitely for Akrama-sakrama. So many buyers have their money locked up in such dead properties.
nagarjunkatta
Posts: 161
Joined: August 15th, 2011, 4:39 pm

Re: A khata for Layout but not for Individual sites

Post by nagarjunkatta »

very nice explanation.. Thanks krish :)
krish
Posts: 144
Joined: March 15th, 2009, 8:46 pm

Re: A khata for Layout but not for Individual sites

Post by krish »

hkrish wrote:The most dangerous problem with B-katha sites is you will not get loan to build a house, and so many in the layout will not be able to build the house, so it will be a barren lands, with grass sprouting from the roads for years to gether. And since no house is there, some day BDA - MAY come and take over (Even though you may have NOC), as the land is not fully put to use. Or even if they dont, the buyer has to wait indefinitely for Akrama-sakrama. So many buyers have their money locked up in such dead properties.
I'm not sure about developer getting A-Katha for entire layout without providing basic amenities, since BMRDA and BDA will withhold the release of 40% of sites and many member here have also mentioned that. But I do agree that having B-katha will surely be a problem when you go for loan or selling it later. I have first hand experience :)
aravindc
Posts: 2
Joined: October 6th, 2012, 10:02 pm

Re: A khata for Layout but not for Individual sites

Post by aravindc »

@krish
The developer would have A-Katha for a single piece of land. There is nothing like A-Katha for layout.
Just because a developer has A-Katha for a piece of land, he can't simply split it into plots the way he wants and call it a layout.
One has follow BDA norms and get BDA approval.
Otherwise the layout formed will be known as "unauthorized" and and you won't get A-Katha for the individual plots in that layout.
You can get A-Katha by paying betterment charges for such plots. However, AFAIK, one has to wait till Akrama-Sakrama opens for this.
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chidu
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Joined: September 1st, 2011, 12:07 pm

Re: A khata for Layout but not for Individual sites

Post by chidu »

@binost: First and foremost, A Khata or B register is just an account for BBMP to collect taxes, it is not a certificate that layout is authorized and good. As hkrish says developer can get 'A' khata for entire land with conditional affidavit in some cases they also bifurcate the khata to sites, but this does mean the next purchaser of a single site will get A khata.
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