B Khatha being issued to new Property/Flat buyers by BBMP, Bangalore
Without any prior information or warning, BBMP in Banghalore has been abruptly issuing B Khathas to Flat/property buyers without assigning any reasons for this branding since mid 2009. The B Khatha title to a property is a black spot as lenders are put to caution. The B Khatha allots Property Identification Number ( PID ) so as to enable the owner to pay property Tax, but says ” THIS PROPERTY IS WITHOUT KHATHA “. The concerned owner of Flat is required to pay all the property taxes and penalties to the BBMP wherever applicable but the property is blacklisted. This stigma is supposed to be ratified after implementation of AKRAMA SAKRAMA SCHEME after paying exorbitant penalties — which was turned down by the Hon Governor of Karnataka. the end result— A properrty which is valid for transfer by sale, etc etc at the SubRegistrar’s office, which isalso valid for Bank Loans, and also is entitled to be covered under Capital Gains relief, as well as IT deductions for loan EMIs paid. and also which is a valid proof of address for the postal department, is blacklisted — the lame excuse projected after probing with the BBMP is that “ produce OCCUPANCY CERTIFICATE to get regular or SUVARNA KHATHA” . This OCCUPANCY CERTIFICATE is used as a weapon to harrass the gullible public. This O.C. was not insisted upon as mandatory document for Khatha bifurcation by BBMP inthe past, for many many years even though it has been mentioned in the K. M.C. Act. It was being used as a tool just to find a cut off date to commence charging of property tax. Now it has assumed as a powerful tool –as a hanging sword by BBMP to make people wait for SUVARNA KHATHA for years . The whole idea behind this big trick is to penalise all the Flat owners in an Apartment for a bulk ( beyond a reasonable or ratifiable limit ) deviation from the approved Plans, done in one or two Flats by the concerned Builder or the land owner/s for their beneifits. The BBMP has all the timein theworld to stop any deviations beyond permissible limits, at the construction stage if they are so serious about deviations. The normal buyers are not at all a party to the deviation nor do they enjoy the beneifits of any deviation. In the past the BBMP used to deny regular Khatha only to such of those Flats, butother Flat owners used to get Khathas.
The records at the BBMP Office at Queen’s Road Bangalore are to be probed to bring tolight all the instances of Khathas issued to Flat owners since SEPTEMBER 2009, without production of OCCUPANCY OR OCCUPATION CERTIFICATE issued by the BBMP to catch them on the wrong foot.
Please note that this is not blacklisting certain properties, as contended by you. You may be aware that certain City Muncipal Councils around Bangalore City were brought under BBMC a few years back under a law of the State Govt. With this, all the properties have to pay Taxes and other charges as applicable in BBMP limits. So, the State Govt has made a temporary arrangement that till this arrangement is regularised under Akrama/Sakrama scheme, which is yet to be brought under an ordinance, the existing arrangement, as brought out by you, will continue to stay. There is no bar on Registration or sale of these properties.
At the outset, I thank Mr Manja, for addressing this issue so quicklly. The subject property lies in the heart of Bangalore city. this is not a new addition to the BBMP covered area. Moreover, after paying betterment charges, and holding approved Plan, the public should not be harrassed on this count for such a long time. A building is built over a period of years. The BBMP has all the time in the world to stop deviations from the approved plan. Of course cases of gross deviation like one more floor added to the approved quota of floors etc can not be ratified. In the instant case there is no perceptible gross violation in the building. Further, there may not be any building with 0 % deviation. There are many instances of BBMP issuing Khathas without the O.C. As per the opinion of some legal experts from State Govt Dept, there can be Khatha for a property or no Khatha but nothing like B Khatha or C Khatha etc. What I feel is issuing a B Khatha, without terming any specific reasons thereof is wrong. Even after 3 years of buying a property, we are not done with the Khatha business. How long will this take ? The issue of Khatha should be streamlined with proper checks so that innocent members of the public are not unduly cornered.– say for a deviation which was not authorised by them nor enjoyed by them.
Hi,
My property is in JP nagar First phase and I have so called B katha without PID number and katha number. I have already paid tax till 2011-2012 and to be paid for next year in May 2012 for 2012-13. How to get OC and A katha?
Hi Mr.Vishwanath, can u tell me which area/locality in Bangalore ur property falls? Is the construction on a Revenue/gramathana site?
My Apartment falls in Sanjaynagar Ward– No 19– broken away from erstwhile big ward No:100. Recently, Old Ward No 100 was broken into 18, 19 and 20– Radhakrishna Temple ward, Sanjaynagar Ward, and Ganganagar Ward respectively. The Aptt lies on Bhoopasandra Main Road, Nagashettyhalli, but on converted Agricultural land. Hope this information will suffice. If you need any further information, pl let me know. Thank you very much. regards,
Now I find that this topic relating to B Khatha has been placed under "resolved Non RTI's " list of 23 items. Does this mean that no recource is available through RTI route for this grievance ?
Mr.Rao, Just wait for our response. We are on the job.
Yes, I own up to this mistake. I had moved this to the wrong category by mistake. Will ensure that such a thing will not be repeated
- Anand
Hello Mr.Rao, Pl go through the following link
and get back to us if u still need any help from us.
http://www.commonfloor.com/articles/b-khata-could…
In response to feedback from Mr R K, I wish to convey that the whole area where the subject Apartment is situated is RESIDENTIAL. ONLY THE FRONT LINES ( on either side of Bhoopasandra Main Road ) OF THE BHOOPASANDRA MAIN ROAD comprises of shops. Even now residential buildings are being built in our Area. So I feel there is no issue reg revenue land. The original owner who sold the land to the immediate past joint owners ( who undertook development of the present Project also held valid Khatha documents like the previous vendor– ) also held valid Khatha certificate and Khatha Extract issued by BBMP. If any other queries are there, I would be glad to clarify. Thanks for a lot of responses to my issue.
Dear Mr. Rao,
As per the link, that Shri RK has posted, this does not seem to be falling under the purview of the RTI Act.
Please let me know, if we can change this request to a Non-RTI based request
Regards
Anand
Dear Mr Anand,
What I feel is that since there is a case of Khatha Certificate and Khatha Extract issued to one of the Flats just a few days prior to issuing B Khatha to the other Flat owners, BBMP has erred on this count. Similarly all the previous owners had held Khatha papers since the year 2006 or so.
So I feel is that if this matter is persued on Non- RTI platform, the issue may be diluted a lot– the efficacy of the follow up may not be as fruitful as the RTI route..
Dear Mr.Rao,BBMP’s sources say that since the land on which these residential buildings have comeup in ur area are constructed on revenue lands converted by the order of Dy.Commnr.for residential purposes,the tax collected from those properties are entered in a B Register while all other property taxes are entered in A Register, tht’s why they are calling the khatha in such cases as B Khatha. These are to be regularised when once the ‘Akrama-Sakrama’ scheme comes, it says and further the sources say that there is no restriction for the sale and registration of such properties. Pl tell us as to how and on what grounds this issue is to be taken under RTI route, as wee that the BBMP is not hiding/suppressing any information but made it clear to the public at large.
Uncle,
Whenever you can, can you provide the final conclusion on this case ? There are many more feedback from Mr. Vishwanath on this below
Anand
Thank you at the outset for the prompt follow up.
It is not true that BBMP was transparent in disclosing the reason for B Khatha. They were simply passing the buck saying that contact somebody else for clarification etc in the year 2009/2010 when we got B Khathas.
First of all,whatever Khatha papers are given to us saying about entry in B Register also carry a caption that THIS IS A PROPERTY WITHOUT KHATHA. Why is this dangerous title ?
Whoever — Deputy Commissioner or any other Functionary who gave requisite orders for conversion of land is also a Government representative.
On top of this there is a clear case of regular Khatha Extract and Khatha Certificate ( not B KhaTHA) issued to one of our 32 Flats in NOV 2009.This is a clear case of discrimination.
Moreover some financing Banks refuse to lend on the basis of B Khatha. It is for this reason that we have a case of person holding regular/Suvarna Khatha to enable lending to that Flat.
Some legal experts even say that we can file a PIL against BBMP over this.
Hence if BBMP is cornered by putting difficult questions under RTI, I feel they may budge.
regards,
In continuation of my previous post, I wish to add that BBMP in reply to my query under RTI, has in writing stated that B Khatha was issued to us, since OCCUPANCY CERTIFICATE HAS NOT BEEN PRODUCED. And the moment it( OC ) is produced, Suvarna Khatha will be issued to us. This reason does not match with the responses given to you by BBMP sources.
Hello RTI,
I have purchased a flat in JP Nagar I phase a year back. Same time I have applied for katha and received so called B katha with PID number for remitting property tax.I have remitted property tax till date and so far no news about A katha. We have 2 blocks, A block has already received A katha but not for us. When I checked they said OC is required and since these all are builder related issues and why we are penalised for such things? Please help me
Dear Mr Sudev,
Once the Flats are sold by the Builder, this issue becomes the concerned Flat owners’ baby. In our case too, the Builder has raised his hands saying that “This is the Khatha being issued by the BBMP nowadays. So be happy with that.” So we the individual Flat owners have to fight it out now. And we are not an organised set of people and we do not discuss or exchange our cases with others sailing in the same boat. So it becomes easier for the authorities to play with us.
A point of interest in your case will be the date of issuing A Khatha to A Block. I strongly presume that O.C. might not have been produced for getting A Khatha by them. If the Builder had obtained O.C.for the A Block, he would have got the same for your Block too. If possible pl share such concerned issues with thisa forum. Thanks,
Dear Mr Viswanath,
Thanks for your feedback. When I checked my B katha form issued by BBMP, I could not find any PID number or Katha number(Hope these things will be available only in A katha). It has writted the period upto 2011. IS there any necessity for re applying the same? ALso regarding A block, they say during those days BBMP do not have A and B katha catagory and recently it was invoked. A block was constructed during 2007-2008 and B block 2009.
I can take up this matter with flat owners association but I do not think anything will happen. How to get occupancy certificate? Is there any starightforward rule without bribing?. Could you please explain
I am also looking forward to logical end to this issue of B Khatha. BBMP should be proactive enough if they feel that building violation is not to be tolerated beyond a certain limit. There are instances where on the middle of a motorable road suddenly there will be a building due to which it will be dead end for the vehicular traffic. In our area too, there is a taller house constucted on a less than 30′ x 40′ site than an Apartment building on a 16000 Sq ft land. If necessary action is taken at the construction stage itself there will not be pain for the innocent members of the public. No considerable building viloation is possible overnight.
Mr. Vishwanath Rao,
I completely empathize with your case. I personally had extensive talks with Mr. RK (who has worked as a Retired Registrar, Ex Public Information Officer and a known authority in RTI laws, labor and land related laws)
He has also talked with other related experts about your case extensively, to see if this falls under the purview of RTI.
Based on our conclusion, we feel that though your case is genuine, this is definitely not something that would fall under the category of RTI and hence outside the scope of what our organization deals with.
RTI Anonymous is an organization, which is more specific to filing RTI’s for people who are scared to file RTI’s (for fear of retribution and physical harm )
In view of that, we are moving this to a resolved Non-RTI Category
Thanks again for all your support
Anand Sharma (RTI Anonymous – Overseas Operation Director)
Mr Anand Sharma and Mr R K,
Thank you very much for the time devoted by you for this issue.
In this connection, may I request you to let me know whether there are other avenues open to me like Consumer forum and filing PIL. Youy may also indicate the doors I can knock for getting some results. Thanks again, with best regards, U.Vishwanath Rao
This issue of B Khatha is a big burden/ a hanging sword on persons holding sole property or having lone property from life time savings. Majority of the Flat owners in the Apartments belong to this helpless category. To bring home this sensitive concern of helpless citizens, a revolution may be needed. For people buying Flats as investment, there is no concern even if B or C or D Khatha issued to them. Only an organised fight like filing a PIL or a case in the Consumers’ Forum may be thought of if there is some good support from like minded sufferers. This would bring down the cost of legal action for individual citizens considerably.
For obtaining Occupancy Certificate there is another vicious circle. Builders have to produce commencement certificate issued by the BBMP at the time of commencement of the construction, supported by a certificate from the concerned Architect that the building is built as per approved Plan etc etc. Then also BBMP issues an O.C. saying that this can be cancelled or rrevoked anytime by them if they find that there is building violation. Nevertheless, BBMP retains some building deposit or some funds paid earlier if they hold that there is some building violation beyond ratifiable limit. So to obtain O.C. at this stage of yours is a very difficult proposition for a Flat owner without paying something.
Hello Viswanath,
I understand that by Jan 2012 new property index will be given to all property owners and Khata will be invalid/not useful as per times of India Y’day. How do you view this matter
Great blog,thanks for sharing this useful information.
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