Rahul Khanna, a simpleton from Bangalore has hit rock bottom since the time he has invested in his most ambitious dream home – a towering apartment in Jayanagar, Bangalore. One must be wondering as to what went gravely wrong despite his ambitious dream being fulfilled? His major folly was his hasty decision of investing in a property without vetting all the legal property documents fearing that he would lose the deal. But alas! This minute slip by him has today put him in a legal battle with the seller. Property documents are a vital part of any property investment, be it an empty plot or a fully furnished apartment. Here is a list of important property documents required to buy an apartment or an independent house.
1. Sale Deed:
A Sale Deed is the core legal document that acts as proof of sale and transfer of ownership of the property from the seller to the buyer. A Sale Deed has to be mandatorily registered. It is important that before the Sale Deed is executed one should execute the sale agreement and should check for compliance of various terms and conditions as agreed upon between the buyer and the seller. Before executing the Sale Deed, the buyer should check whether the property has a clear title. He/she should also confirm if the property is subject to any encumbrance charges.
* A seller should settle all the statutory payments such as property tax, cess, water charges, society charges, electricity charges, maintenance charges etc., (subject to the agreement) before executing the Sale Deed.
2. Mother Deed:
Mother Deed, also known as the parent document, is an important legal document that traces the origin/antecedent ownership of the property from the start (if the property has had various owners). It is a document that helps in the further sale of the property, thereby establishing the new ownership. In case of absence of the original Mother Deed, certified copies should be obtained from the registering authorities. Mother Deed includes the change in ownership of the property, be it through sale, partition, gift or inheritance. It is very important that the Mother Deed records the references to previous ownership in a sequence and should be continuous and unbroken. In case of a missing sequence, one should refer to the records from the registering offices, revenue records or the recitals (preamble) in other documents. The sequence should be updated until the current owner.
3. Building approval plan:
A building plan is sanctioned by the BDA (Bangalore Development Authority) or BBMP (Bruhat Bengaluru Mahanagara Palike) or BMRDA (Bangalore Metropolitan Region Development Authority) or BIAPPA (Bangalore International Airport Area Planning Authority) without which the construction of the building is illegal under the Karnataka Municipal Corporations (KMC) Act. A building owner has to get an approved plan from the jurisdictional Commissioner or an officer authorized by such Commissioner. However, the authorities sanction a building approval plan based on the zonal classification, road width, floor area ratio (FAR) and plot depth. A set of documents are required to be submitted by the owner in order to obtain a building approval plan. The documents include- Title Deed, property assessment extract, property PID number, city survey sketch (from the Department of Survey and Settlement and Land Records), up-to-date tax paid receipt, earlier sanctioned plans (if any), property drawings, 2 copies of demand drafts, foundation certificate (if any) and a land use certificate issued by the competent authority (viz., Dy. Commissioner). It is mandatory that the building owner hires a registered architect who will draw a plan meeting the applicable bye laws. One can get a building approval plan within 4-5 working days if all the requirements are met, via the newly invented BBMP software- Automated Building Approval Plan.
4. Commencement Certificate (For under construction property):
A Commencement Certificate is a legal document issued by the local authorities (BDA/BBMP & alike) after the inspection of the site. This document states that project meets the give criteria and helps in the commencement of a construction on a site by the builder. Failing to acquire a Commencement Certificate will result in the construction being considered illegal, levy penalties and can even attract an eviction notice.
5. Conversion Certificate (Agricultural to Non-Agricultural land):
With a vast amount of land being agricultural in nature in Karnataka, a Conversion Certificate is mandatory to be obtained from the legal body for the property. A Conversion Certificate is issued to change the use of the land from agricultural to non-agricultural purpose from the competent revenue authority. Further, the competent revenue authority requests the Department of Town and Country Planning to issue an NOC for the conversion of land for residential purpose. There are a certain set of documents to be submitted by the owner to acquire a Conversion Certificate. The documents required to obtain a Conversion Certificate are;
3 copies of the R.T.C extracts, Village map, land sketch, certified copy of the land tribunal, zonal certificate, Title deed, no dues certificate by village accountant and Mutation Records (MR) copy.
6. Khata Certificate and Khata Extract:
Khata is derived from the word ‘account’. It is an account of a person owning a property. It typically consists of (a) Khata Certificate and (b) Khata Extract. A Khata Certificate is mandatorily required for the registration of a new property and the transfer of a property. Khata Extract is nothing but obtaining the property details from the assessment registrar. It is needed while property buying and acquiring trade license. The Khata is widely referred to as A Khata and B Khata (Revenue records extract). ‘A’ Khata has properties listed under BBMP jurisdiction with legal property construction and ‘B’ Khata has properties under local jurisdiction with violated property constructions. One should avoid buying a B Khata property as it will be deemed as an illegal construction. Nevertheless B Khata may be converted to A Khata under certain schemes by paying penalty to the Government.
7. Encumbrance Certificate (EC):
Encumbrance means charges in the ownership or liabilities created on a property that is held against a home loan as security. An EC consists of all the registered transactions done on the property during the period for which the EC is sought. Simply put, it is a certificate sought for a particular period evidencing the property purchase/sale, the presence of any transaction or mortgage. One should submit a copy of the Sale Deed to obtain an EC. A person applying for an EC should fill in the Form 22, affix a non-judicial stamp and submit it to the jurisdictional sub-registrar’s office. Complete residential address, property survey number, property location, the sought period, property description, its measurements and boundaries should be mentioned in the Form. A nominal fee amount will be charged on a yearly basis. The time taken to obtain an EC will be between 3-7 working days or more depending on the period sought.
8. Betterment charges receipt:
Betterment charges are also known as improvement fees/development charges that are to be paid to the BBMP before a Khata can be issued. Currently the developers are entitled to pay a fixed amount as betterment charges to the municipal body. A receipt of the same should be obtained at the time of property buying.
9. Power of Attorney (POA):
A POA is a legal procedure used to give authority to another person by the property owner on his/her behalf. One can either give a Special Power of Attorney (SPA) or a General Power of Attorney (GPA) to transfer one’s rights over one’s property.
10. Latest tax paid receipt:
Receipts for property tax bills ensure that taxes for the property are paid up-to-date to the government/municipality. For properties falling under the BBMP jurisdiction, it is mandatory for property taxes to be paid up to date so a buyer could get a Khata issued in his name. It is therefore important for the buyer to make enquiries with the government/municipal authorities to ensure that all the dues are cleared by the seller. The buyer should ask the seller for the latest original tax paid receipts and bills and check the details of the owner’s name, the tax payer’s name, and the date of payment on the receipt. If the owner does not have the tax receipt, the buyer can contact the municipal body along with the survey number of the property to confirm the ownership of the land. Nevertheless, the buyer should also ensure that other bills such as the water bill, electricity bill etc. are paid up-to-date.
11. Completion Certificate (for a constructed property):
A Completion Certificate is issued by the municipal authorities denoting that the building is in compliance with their rules in terms of height, distance from the road, and is constructed as per the approved plans etc. This document is important at the time of purchasing a property and seeking a home loan.
12. Occupancy Certificate (for a constructed property):
When the builder applies for this Certificate, an inspection is carried out by the authorities to ensure that the construction meets all the specified norms. This certificate is obtained after the completion of the construction. It is important at the time of buying a property, seeking a home loan, before the builder allows people to take possession of the property and, for the transfer of Khata. Basically, it certifies that the project is ready for occupancy.
While it is important to seek all the above documents from the seller at the time of buying a property, it is also critical you deploy a competent property lawyer for vetting of the said documents. Specific advice should be sought about your specific circumstances.
Hi ,
I want to purchase the DC converted land near Nelamangala, The builder is not having computerized E khatha, He is having For m9 and Form 11 only signed by the PDO and the sale deed is executed in the year 2017. How to check the genunity of the land.
Hi Sachin
All Panchayats are advised to get Computerized E-Khata (which is computer based print out with photo of the Landowner in Form 9 & Form 11). Genuinity of the land is not determined alone with Khata and need other documents to get cross verified. Please consult a legal adviser on this with all property papers to ensure you are buying legally cleared property.
hi sir..we are planning to buy an apartment in ananth nagar bangalore..we selected a flat which is G+4…how to check whether it is legal to build G+4?? what approval did the builder should have in which it is safeto buy? pls help
Hi Gowthami
Refer to our standard document list. It depends on the plot size and the building plan that was approved. You need to not only check on the G+4 plan approval but also whether the final building structure is complying with the plan approval to ensure that you have no hassles in the future. Please collect a set of docs from the builder and consult a competent lawyer. If you need help, email us at services@homeshikari.com or call us at +91-80-67684444
hi sir we want to purchase a apartment in machilipatnam .apartment name was vansudhara residency.so dont know it is right or wrong to purchase please give me correct decision.
Hi Sivakumari
It is impossible to give any advice with the limited information that you have shared. Please do consult a lawyer with the docs before you take any final decision about the purchase.
Hello Sir – How much is charged for document verification ?
Regards,
Sree
Hi Sree
Our service team will contact you on your email and will share the details.
Hi Admin,
FIrst of all apprciate your efforts for the reply given to so many peopleinvesting your time for the welfare of better understanding for them.
Now it would be great if you can help me in clearing my confusion.
1. is it ok and safe to buy gram panchayat site in a panchayat approved layout ? I am in a confusion that gram panchayat can approve a layout, The developer says he has E-khata and all banks funds. Its in Kodathi, Sarjapur road and its a small layout with 20 plots.
2. In future , is there a possiblitity to say panchayat approved sites are not valid and is it possible for demolition of buildings?
3. Any drawback /risk involved in buying gram panchayat sites? or If the lawyer says ok can we buy it?
Thanks in advance,
Arun,
Hi Arun,
The approval agency for layout formation lies with either the BDA or the BMRDA or the District Taluk Office (if outside limits of BDA & BMRDA). Even if there is a Panchayat approval, an approval is still technically required from one of these agencies. As per our information, Kodathi already comes under the BDA zone.
The layout developer would have an e-Khata for the original land, the problem will arise when you want the e-Khata transferred to your name when they will ask for these approvals. Bank approval of the project for housing loan is no guarantee to safe title.
Yes, panchayat approved sites can be asked to pay a betterment fee when they get submerged into the BDA / BMRDA. However, if it already comes under their zone, then not having an approval from them would definitely pose a problem to construction. Also check if due land use conversion has been done from agricultural land to residential / commercial use.
We suggest that you approach a competent lawyer with all the papers to verify the validity of the approvals and then take a decision. If you need assistance on legal vetting, please email us services@homeshikari.com
Hi,
Thanks for your Reply.
Recently i have read one article saying that OC & CC is required for commercial buildings and for residential buildings that have more than five units (G+4).
G+3 building can easily get the permanent connection for Water and Electricity.
Can we buy a flat which does not have OC & CC in G+3 building (May be with penthouse) which has buildup area below 8000 sq ft and less than 50 ft height??
Thanks in Advance…
Hi Raja,
While OC and CC is not applicable to smaller units that doesn’t mean that a violation of the approved building plan is allowed. A penthouse is probably not in the approval given by the building authority (BBMP / BDA) and hence if it is an addition it is a violation and the property will not be eligible for the A-Khata which is the revenue record for taxes. As a result, it may pose problems in future with respect to sale of property, penalties if any imposed for regularisation, possible demolition if the violation exceeds limits posed when there is a crackdown. Also banks do not fund such properties and hence it would be difficult for buyers to purchase it if you ever intend to do a sale.
Hi
I am looking to buy a flat which is 5 years old in Madinaguda, Hyderabad. How could I calculate the current value of the property and also guide me to check the document to verified to proceed further.
Regards
Bikash
Hi Bikash
The current value of property depends on lot of factors like age, construction type, locality etc. If you wish to get the document verified, consult a legal expert or you can reach us at services@homeshikari.com as well.
Hi,
In what conditions we can go for the flat which does not have OC or OC and CC both??
Please suggest me.
Hi Raja
If the flat don’t have OC, it means apartment itself is having serious violations (like land conversion not done or apartment don’t have requisite approval). We will not suggest you to go for any such property, which don’t have OC.
Heloo sir i have Buy a property in TRINUVELI last five years i have not pay the property TAX so where should i go or pay the property TAX What are the Document Recquered
Hi Shekar
You need ti visit local municipal office/Local panchayat office (based on where your property jurisdiction is) and can contact them along with your sale deed and last tax paid receipt. They will be able to further guide you on the same.
Hi Admin,
Thank you for such a wonderful and useful post. I am looking to book an apartment in Assetz Marq on Sai baba Ashram road, there are lot of complaints about the property on the internet but some of them are old and may have been corrected as well. Can you please share your inputs on the legal state of property and feedback on property/builder please?
Thanks,
Pulkit
Hi Pulkit
We don’t have any validation/feedback of any builder. However, to know about legal state of the property, suggest to get legal opinion done on the property from a reputed legal counsel. We can assist on the same and you can reach us at services@homeshikari.com or call us at 080-67684444.
i am going to buy land what all due diligence will i make on the property to make sure it belongs to that owner, follows all government regulations?
Hi Dheeraj
Ensure that you get the documents verified by a competant lawyer. The list that is shared in this blog is an indicative list.
Hi Sir,
We a planning to buy a flat in east Bangalore, we want to check the property documents before paying them booking amount. Builder is refusing to send us documents and asking us to pay booking amount 1 lak.
Kindly suggest us.
Hi Usha Kiran
Usually no builder will share any document without at least a token advance. But make sure that you have some piece of paper (token receipt) where the amount is mentioned and is refundable if you are not interested to proceed or find that the property does not have clean title after a legal scrutiny. That is the only way to protect your token advance.
Builder is asking to give a PDC (post-dated cheque) instead of money. Is it a legal or good to give him?? pls suggest
Hi Usha
PDC, instead of money (do you mean cash?). Any payment made through a bank instrument is legal and acceptable and is well documented. In the aftermath of demonetisation some builders may refuse to accept cash because it cannot be accounted. So there is nothing wrong in payment through PDC (post dated cheque).
Thank you very much sir
Hi,\r\n We are looking for apartments in hmt layout vidyaranyapuram. We came acrross a newly built aprtment which is BDA approved A khata and has approval for building plan for G + 2. They have constructed 1 more floor without plan approval. It has 2 houses each floor total 8. We are looking for flat at the last floor as all other flats are sold out. Its a joint venture betweeb land owner and builder. \r\nWhat are the risks involved? Builder is telling if u pay some penalty during akrama sakrama it will be fine. Please advice can i go ahead
Hi Shilpa\n\nThe building is certainly not A-Khata because the approval was for G+2 and one more floor has been constructed without proper plan approval. This itself constitutes a violation and the property does not merit the A-Khata. Further, if and when the Akrama Sakrama ever comes we cannot estimate if you will be let off with just a penalty or if there would be other consequences since it is a brand new house. Basically it is a huge risk you are taking with no clear estimation of what the future penalty is going to be. Is it is really worth the risk is a question you should ask yourself.
HI Admin,\r\n\r\nI have been approached to buy a entire 2nd floor of G+2 building, which is a semi constructed house, owner running out of money thats why he wanted to sell me, my point is which are the documents and legals need to verified before purchasing it, \r\nOwner has 3 brothers/mother alive/father expired, what are the process i have to go through before purchasing the same, i am new property buyer , so kindly guide me.\r\n\r\nWaiting for your favourable reply.\r\n\r\nREgards\r\nPinak De
Hi\n\nAn indicative list of documents were provided on our website w.r.t Bangalore.\nHowever, each individual case is different and depending on the history of transactions there may be many documents that may be required which may not be part of this list. Hence it is always prudent to check with a competent lawyer with the documents shared by the seller and then proceed from there. Do not proceed with any purchase unless your lawyer has vetted it and given you a green signal. If you are in Bangalore and need legal assistance to vet the property, then we can help you as well. Please send a mail to services@homeshikari.com or call us at 080-67684444
Hi,\r\nwe are planning to buy a site, and it is BDA approved,DC conversion is done but Khata is in hold and they said it will be cleared once they get sign from the local MLA who has kept it on hold.\r\n\r\nso whether to buy the property or not?\r\n\r\n\r\nPLS ADVICE
i like to purchase site from reynal garden magadi road developer bangalore. is the layout is legal n how we know which developers lay outs are legal? n whose are illegal? n what documents i need to get from there before buying site? n who is competent advocate for scrutinising documents n their addresses n cell nos pls guide . n since it may be matter of many lacs how to make payments to developer? by cheque? or cash? or how ? pls guide me sir. \r\n\r\n Thanking u sir n expecting ur best advise to my gmail
I’m planning to buy a flat in Bangalore. This is resale flat. The current owner of the flat who lives in USA has given Power of Attorney to her mother who lives in Bangalore. The flat is B-Khata. Can you please advice what all documents should I verify and is it legal to buy a property from some one who holds Power of Attorney?\r\n\r\nThanks in Advance!
dear sir \r\n\r\ni am planning to buy one BBMP A katha property at Sadananda Nagar,. But in this area , i heard about BDA nitified that area and and he has not taken Claims from BDA since BDA notified. But he paid betterment charges to BBMP and tax paid upto date . BBMP aquired long back in 1999 and issued notice to all for regularise. But present site is not regularised and now they are telling we can purchase since they have not claimed anything from BDA . In 2012 original owner claimed through COURT with GPA holder but court rejected. Is this propertly can buy or not / any BDA objection will be there for future ?\r\n\r\nbest regards\r\nRavi Kiran
Hi Ravi\n\nIf the area was notified earlier, you need to ascertain what action was taken on it before the merger into BBMP. If the notification for acquisition was waived off, then it is safe but you need to have the copy of such waiver for all future purposes. Beyond this we are unable to clearly understand your question given the details that have been shared. Please send us a mail at services@homeshikari.com or contact us (080-67684444, Monday to Friday between 9 am to 6 pm) for legal assistance.
Hi\r\n\r\nPlanning to buy flat near Hebbal. Apratment got 11 Palts and deelopers say it faals under B Khata. He is telling he dont have below dcos with him, Is it buying this property is risky?\r\n\r\n1) NOC from BDA, LAo. PTCL and Tenacny Claims\r\n2) Buliding License and plan approval fee paid receipt\r\n3) Building paln approval from competent authority\r\n4) comencement certificate \r\nCan you please advise
Hi Arun\n\nYes, it is risky since even the building plan approval is probably not obtained. Some apartments obtain the building plan approval and then deviate from the plan which becomes a violation and hence you can only get a B-khata, but here it seems more serious a problem. However, you will need to approach a competent lawyer with copies of all of the documents to be sure of the risk. Our opinion on this is only indicative.
HI, \r\n\r\nI am planning to purchase a flat in Bangalore. The Builder says that he has Land and individual flat A katha. He adds that OC CC is not there as it is a small property under 10000 sqft. is it true that properties under 10000 sqft will not require OC CC? can I buy it ? Please help me out.\r\n\r\nThanks in advance
Hi Sreedevi\n\nThere is lack of clarity even within the government departments on the applicability of OC and most builders including the big ones circumvent it. Occupation certificate is must for a BWSSB connection, however since most parts are still not covered by BWSSB the builders get away with it. However, smaller apartments under 8000 s.ft may not need a OC though there is no clear guideline on this.\n\nIt is best that you insist on at least the A-Khata (bifurcated) for your individual flat and also put this as a clause in your sale agreement.
Hi,\r\nThanks for listing out the important documents to be checked before buying property\r\nI am planning to buy a plot near Attibele Toll Gate (mahidhara fortune city). How to check whether this plot is not belong to government or real owner ship of land?\r\nany suggestion on buying plot there?
Hi Sathya\n\nYou need to check the approvals they have and consult a competent lawyer with copies of all the documents to be able to check legal title.
We have allready bought a 3bhk in Provident sonworth of puravankara at mysore road near kengeri.We have paid allmost90%of the amount.now We came to know that through tv that land belongs to government.how to check whether it is govt land or not?I have verified some survey nos given in the agreement and seen the rtc.many survey nos I could not axis the rtc.how to make sure that land belongs to whom?
Hi Ramachandra,\n\nIt is best for you to take a thorough legal opinion before deciding on the right course of action. At this juncture you would have entered into a sale agreement only and not got the sale deed registered. So if you find something seriously wrong after a legal opinion from a competent lawyer, you should insist on a money refund. For that one would need to look at the terms of the agreement as well as the claim that some part of the land belongs to the government. If you need assistance, email us at services@homeshikari.com or call us at 080-67684444.
Thank you for your detailed article. I am planning to purchase an independent house in Bangalore which is near to Margondana Halli Lake. Per the new law passed by NGT, no construction should be made in the buffer zone of 75mts from the lake. Margondana Halli lake is close the the house I am planning to purchase. How will I know whether the house is 75mts away from the lake, and should I get a clearance from any government agency?
The previous buffer zone was 30 m (~100 feet) and now that has been revised to 75 m (249 feet).\nFirst check if this independent house falls within the 30 m range or beyond. If it is beyond, then it will be violating since the house was constructed much before the new ruling come into effect. If it is within 30 m, then it would be in violation.\nHowever remember that any modifications to the house, demolition and reconstruction may run into a problem with the new rule because it falls into the 75 m range and hence you will not get an approval to the plan.\n\nThe best way is to measure it physically to the lake boundary.
Hi Sir,\r\n\r\nI am planning to purchase a villa under construction in Seegehalli, the builder says this property is approved by local gram panchayath. I am trying to ask him all the necessary documents that are needed, looking at many posts, people complain about not getting OC and A-katha. From above posts, I understand, we may need to have atleast e-katha for gram panchayat properties. Can you please confirm, because the builder sasys we dont need any because he will register the land and villa as a sole owner. Is it correct? Should I ask for OC and e-Katha for villas in Seegehalli.\r\n\r\nThanks a lot for your help.\r\n\r\nRegards,\r\nKrishna Prasad
Hi Krishna Prasad,\n\nOnly land can be approved by the gram panchayat if it falls under their jurisdiction. For building you need to seek the town planning authority of that jurisdiction or BMRDA (if it comes under them). e-Khata (electronic version of the Khata) is only accepted for properties outside the jurisdiction of BBMP / BDA because of rampant frauds that were happening in areas adjoining the city. However, the villa needs to be constructed as per plan approval. So you need to check if the approval was obtained in the first place and then an occupancy certificate obtained after completion of the construction. If the builder says he will get it on finishing construction, please document it in the sale agreement so that you have recourse to law if he doesn?t fulfil his promise.\n\nTo the best of our knowledge, the OC is also required but it is best that you check with a competent lawyer along with all documents (to also verify clean title) before you proceed on the matter. Normally, documents are to be shared once you have made a token advance.
Hi sir,\r\nI would like to know what should be the minimum distance from lakes for buying the flats near lake regions.
Hi Satish,\n\nThe minimum distance as per the new buffer zone rules prescribed by the NGT for Bangalore is 75m (247 feet) from the lake boundary.\nEarlier it was 30m (99 feet). However, the new rules are expected to be prospective, not retrospective. So if an apartment complex was given the approvals earlier on and has already been constructed / under construction with a buffer zone of 30m from the lake, then you are safe to buy it. Do not buy apartments that are expecting approvals (pre-launch) and are within 75m. Anything less than 30m is a strict no.
Hi , \r\n\r\nI have planned to buy independent house in Margondanahalli, Horamavu area of size 26 * 40 . This house comes under BBMP limit and has B-Khata .But land is not DC converted hence building plan is not approved . I searched around 40 homes in my area but most of them which falls under my budget is non dc converted . DC conversion for smaller sizes is possible and can be done now ? Broker says he cant do that . But I like this home/locality , so want to miss this home .Even many homes in this area doesn have DC conversion . At few placesI get DC converted plots in few placed but they are not easily accessible to ORR . So this home suits to all my requirements but doesn have DC conversion.\r\n\r\nWhat would be the best advice ?\r\n\r\nThanks,\r\nKavitha.
Hi Kavitha,\n\nDC conversion is a long process and it is usually done for a large tract of land and not for individual plots or houses. Constructing a house without DC conversion renders it illegal because the land use is agricultural and not permitted for residential purposes. But yes, there are plenty of people who have built houses and live there without DC conversion at their own risk. Such plots are also cheaper and do not get loans for construction from any bank. \n\nThat said, they have already bought it and have to contend with the problem. When you still haven?t bought the plot, why do you want to take a risk with it. Even building violations after getting proper building sanctions are not getting A-Khata until Akrama Sakrama sees the light of the day. The case of no DC conversion is even worse. So we would not recommend it. Please look for other areas within your budget or buy a flat.
Hi, Firstly thank you for the detailed article. I am planning to purchase a ready to move Apartment around Sahakarnagar, Bangalore area (Within 60L including reg). Currently I am residing in USA and will be on India visit for 4 weeks in coming month. I need few clarifications and definitely need professional help if I could finalize the property for documents and for that I will reach you separately.\r\n1. Will I be able to finish all documents and get ownership within 2 weeks (considering I will decide on property in first 2 weeks and need 50% bank loan)\r\n2. If not can I provide GPA for someone for registration, at what stage of document I can do this. (I need to return back to USA at the end of 4th week and not in position to extend)\r\n3. How much bank will take to sanction the loan and any suggestion for NRI?\r\n4. Please suggest if any properties in that area (I found only 3 resale properties in your website in that area :( )
Hi Pradeep\n\nLook forward to your visit. Here are the replies to the queries.\n\n1) Definitely, a tough ask given that loan sanction can take up to a week or 10 days. If you have not even initiated the process, but will be scouting around looking for properties then it would be very difficult to complete the whole process within a month.\n2) You can give a Specific Power of Attorney either to an Indian family member / relative OR to us (the organisation) to handle the registration on your behalf. A GPA is not advisable given that it gives too much power to the recipient and is prone to misuse. This is better done during the time you are in India to avoid the need for Indian embassy endorsement and adjudication with payment of stamp duty here, much before the actual transaction happens.\n3) We have some relationships with leading banks and we can refer you to them (with your permission) so that you can start the process much before you land here.\n4) We are in the process of revamping our website and hence the resale properties may be limited. If you need assistance to shortlist properties from the market and arrange site visits during your trip, we can help you with that.\n\nPlease send us a mail to services@homeshikar.com
Dear Sir,\r\nAbout 50 yrs back my father constructed a house. After the death of my parents we ( 3 brothers and 1 sister) got the mutation done as per WILL of our father.\r\nOriginal documents like Mother Deed,Building Plan are not traceable. Mutation done after submitting fresh building plan (done by KMC approved LBS )\r\nWe are paying Tax as per new assessment. Except Tax bill and copy of the building plan no other document has been given by KMC.\r\nNow I want to sale my portion of the property.What all documents I must arranged to sale the property\r\n\r\nThanks,\r\nSaumya
Hi Col Datta\n\nWhile the original documents may have been untraceable, it is important to atleast get a certified extract of the sale deed (mother deed) through which the sale can happen. Any buyer would insist on this. Since it is presumed that your father owned it through this period without any encumbrances, the EC should show a clear track.\n\nDon?t embark on a document collection drive right away. First find a willing buyer and present copies of the documents you have. Based on what the buyer?s lawyer wants to satisfy themselves on title, you can go about procuring those documents or their certified copies at that stage.
Hello Sir,\r\nI am planning to invest in Sancity silver shine project near chikkbalapur Karnataka. The plot is yet to be DC converted. It is DTCP approved layout. The plot is on a offer sale because the DC conversion is still under process and might take up to a year. They will be giving me the sale agreement and once it is DC converted I can register the plot. Is this safe. Please advise
Hi Abbas,\n\nIf you are buying a non DC converted plot, ensure that you put this clause into the sale agreement that the DC conversion will be done within a time limit and if not done, the money will be refunded back. If you don?t do that, then there is a big risk that it may not get converted and you will have your money stuck.
Thank you sir
Hi sir,\r\n\r\nI am planing to buy flat in new launch scheme from Sumadhura Infracon Ltd . they have new project called Sumadhura Soham.\r\n\r\non 21st may 2016 they will going to launch project. I requested documents, but they are asking me to first book a flat and than their CRM team will provide required documents. can I go for booking considering overall impression of a builder?\r\n\r\nI am also not sure if they can provide me all mention documents in above blog. can you please guide me which documents are critical and will be available with builder from beginning.\r\n\r\nas per them in Soft launch & Pre launch most of flats got sold out /booked so i am bit confused if i can go and pay booking amount now and wait for documents from CRM team.\r\n\r\nSales person is ready to drop me an email from his company email ID with comments that if any discrepancy in documents than company will refund amount.\r\n\r\nPlease guide me here.\r\n\r\nRegards,\r\nSatya
Hi Satya\n\nThe documents listed on our website are only indicative and what is required for a thorough title verification will depend on a whole lot of things including past transaction history, any partition, previous encumbrances, as well as the due approvals to commence construction from the jurisdictional authority namely BBMP, BDA or BMRDA.\n\nIf you are intending to make a booking with a token advance then make sure that you get it in writing that the money will be refunded within a given time frame if the legal title is found deficient or required approvals are not obtained or if sufficient documents as required by your lawyer is not produced for scrutiny. They will share the docs only if you make the booking advance, but once you make that you don?t want to be running behind them for years to get back a refund, in case the title is not good.\n\nPlease consult a competent lawyer for a legal opinion before you proceed with the sale agreement or finalising the project. If you need assistance for a legal opinion from our empanelled lawyers, please get in touch. We are available on call at +91-80-67684444 or email us with your details at services@homeshikari.com
Thanks for your advise. it will be helpful.\r\n\r\nRegards,\r\nSatya
Hi Sir,\r\nI’m planning to buy a flat in thanisandra, Banglore.\r\nThe owner is telling that they do not have OC and CC. What happens if I buy a flat without OC and CC? flat is in ground floor and the land belongs to A Khatha. Total number of flats in that building are 50 (Ground+4). I think they have permission for only G+3. i.e they have built an extra one floor which consists of 10flats on that 4th floor . And possession is on sep’2016. Should I buy that flat?
Hi Jagdish\n\nIf the builder cannot provide a CC and OC, then it means that the building has violations. It doesn?t matter that the land on which the building is, has the A-Khata because once the building is in violation the A-Khata will not be possible for the building. And since the building is still not complete, we do not know whether it can get regularised or not. It is a gamble for the future.\n\nBuildings that have violation cannot get the A-Khata and we cannot predict how future regulations will be and how severe will be the penalties. On the flip side such buildings quote a lower price than buildings that have no violations. So it is for you to assess the risk and take a call. As far as our opinion goes, we wouldn?t recommend it.
Hello Sir,\r\n\r\nI am planning to buy a pre-launch plot on kanakapura road behind Art of living. Builder says it will be BMRDA approved in next 8-10 months. My question is should I trust his words? If yes, on what basis? and what documents I need to ask him as it is still not yet approved. Does Sale deed and Encumbrance Certificate is sufficient to go ahead? \r\nPlease clarify my questions. Thank you very much in advance.\r\n\r\nRegards,\r\nSantosh
Hi Santosh,\n\nIf the promise is that it will be BMRDA approved and you want to proceed on that basis, then you should not merely trust words. Ask for the sale agreement to include these clauses and that if for any reason, the approval is not obtained then the money will be refunded back in full within a particular time period. Previous sale deed and encumbrance are not the only docs required. Please refer to our article for the indicative list and also remember that to verify clear title many more documents may be required depending on previous history of transactions, partition, land use conversion etc. A good lawyer can help you ascertain if the title is clear even without the BMRDA approvals that are pending. If you need assistance, please call us at 080-67684444 or email us at services@homeshikari.com
I am looking to purchase a DC converted plot in Whitefield measuring (1500sqft= 30*50) from a seller as he is looking to resell. Seller quotes that its a panchayati sites which have a approval from District Commissioner. Seller claims to have all the docs like Conversion Certificate, Tax Receipts, MD, SD…etc, yet this falls under “B” Khata as its not approved by the BBMP (Which is the governing authority for Whitefield ward)\r\n\r\nAre these DC converted sites legal? \r\nApprovals sought from district Commissioner is Legal?\r\nWould I face any challenge to construct the house? ( in order to procure permission for electricity, Water etc?)\r\n\r\nKindly revert to me ASAP as i am in the verge of finalizing the property. pls revert to me at ravidia2015@gmail.com\r\n\r\nThanks & Regards\r\nRavi
Hi Ravi\n\nDC conversion means the land use has been converted from agricultural to residential or industrial. Without DC conversion you cannot build any approved buildings on it. So this is a prerequisite for clean title.\n\nDC Conversion is done by the District Commissioner?s office and hence the name DC. So it is legal.\n\nHowever DC conversion is not the only thing for getting building approvals. Building approvals may have to be sought from BBMP (if it is inside Whitefield) and if betterment charges have not been paid, then it merits a B-Khata. If and when Akrama Sakrama is approved and regularisation takes place, then betterment charges have to be paid and then only construction can start. Else it is a considered an illegal construction. However, if all other sites have paid betterment you can also check if betterment can be paid now for A-Khata. That will of course increase the cost of your plot.\n\nIf you need further assistance, you will have to approach us with all the papers.
Hi Sir/Madam,\r\nI am planning to purchase B-Katha Site and it is under BBMP limit, Please let me know what are the documents that are to be verified/checked.
Hi Mohan\n\nThe same documents that apply to a A-Khata site apply in terms of checking legal title. For an indicative list, please check our article. But this could vary depending on the transaction history, division or partition of property etc. A B-khata site within BBMP limits indicates that the betterment charges have not been paid or there is some violation with respect to that property. Please assess the cost of betterment charges etc. before you proceed. Also check whether land use is now earmarked for residential through a DC conversion. Do not buy non DC converted properties because their land use is still agricultural and the conversion can be costly and cumbersome.
Hi Sir, \r\n\r\nI had purchased a plot near doddajala village which the developer claimed to be BIAPPA approved. The plan also has BIAPPA approved seal etc.. \r\nDeveloper said according to the completion of development, BIAPPA releases sites in timely manner. My site was part of last release and I got it registered before that. \r\nThe Developer has not done any development till now, it had been more than a year. \r\nWill BIAPPA penalize the developer if he does not complete the development by given time ? Will it help the purchasers of the property to get proper development as they would have taken property by seeing BIAPPA approval and would have paid extra cost to it. ? \r\n\r\nCan BIAPPA cancel the approval, and does the site becomes not “A” Katha etc.. and will it be considered as normal Gram Panchayat site ?
Hi Sampath,\n\nIf it is BIAPPA, then it most probably does not come under the BBMP / BDA limits. It is true that all bodies like the BDA, BMRDA, BIAPPA may release the sites with approval based on development. Usually 40% of sites are first released when they give the approval and then based on milestones of development. If the developer has sold everything and registered everything, then he may not be interested in developing the layout any manner. You should have checked this before you made the full payment and the registration. You can check on the BIAPPA site (http://www.biaapa.in) for the approval of your layout and also make a representation. However, by cancelling the approval through any process will not solve your problem because the title has transferred to you and you are technically, now the owner.\n\nThese sites on the outskirts will get an e-Khata if everything is in order. If you need further assistance, please contact us with all your details at services@homeshikari.com or call us at 080-67684444.
Hi ,\r\n\r\nI am planning to buy pent house in electronic city anandh nagar what is the problem buy getting B kahta apartment hosue 4th floor
Hi Sankar,\n\nMost penthouses are not approved as per building plan approval and is considered a gross violation. So the property will only merit a B-Khata which will not be funded by regular banks (both public sector and private). Further, you may think you are getting a penthouse at a cheap rate but the violation if and when it can be regularised will attract a huge penalty that cannot be estimated at this point of time. So it is a risk if you buy the property. In addition, as per the current Akrama Sakrama proposal (still pending in courts), if the violation exceeds 50% then it could even risk demolition. So be cautious and take a call after assessing the risk.
Sir,\r\n\r\nI am planning to buy a flat of 1200 to 1400 sq ft in area (Hebbal or sanjay Nagar, Jakkur, Mestri palya or thanisandra or Rmv)\r\nI am looking through the website and I might screen few to have a personal visit on the ready to move apartments. \r\nI might be needing legal assistance in this regards. Please provide me the tyoe of services, you provide and what are the charges for the same\r\n\r\nThanks and regards\r\n\r\nThajudeen Rahiman
Hi Thajudeen,\n\nWe do provide legal assistance services in selecting property, Agreement/Deed drafting & registration assistance and details can be seen at “http://support.homeshikari.com/property-services/legal-opinion”.\n\nAlso we shared your email ID to our Sales team to touch base with you. You can also reach us at 080-67684444 or email us at services@homeshikari.com
Dear Sir/Ma’am\r\n\r\nI bought a land near kolluru, which is a Bhasyam venture, I paid 2L as initial payment, to block the site, \r\nBut they didn’t show me the documents yet, they r saying its pending for HMDA approval, \r\n\r\nMyrequest to you is: Before proceeding for further payment, what else document can I check for genuinely of that site, apart form HMDA approval.\r\n***Plot division has not happened yet, but layout plan is ready on the basis of that plan all 144 plots sold out.\r\n\r\nthank you
Hi Amarendra\n\nAll pre-launch offers which mean those with pending approvals have an element of risk in that if the approval is not obtained due to any reason, then you will get stuck with an illegal property.\n\nSince you have paid only a booking amount, insist that the balance can be paid only after the approval is received. If you are going for a pre-launch offer price and getting into an agreement with more payment, then do so only after a lawyer has checked the legal title and given a green signal. Further, please insist that a clause be added in the sale agreement that in the event of the approval not being obtained as promised, the money will be refunded. This could act as a protection in case that happens and though they could still delay a refund, it is quite possible to file a consumer complaint and get it back in due time. Especially you should be wary when no plot division has happened because you do not know which plot you are getting at the time of paying (now).
I am planning to buy a under construction flat in panathur road area. What are legal documents shall I ask from Builder. What is the procedure to verify all documents?
Hi Abhay Bharti\n\nThe list of standard documents that one should check has been given in the post. But as we keep repeating in post after post, the actual document requirement will vary based on the history of transactions, land use conversion, partition / bifurcation of property, any mortgages and their releases etc. So a competent lawyer will be able to study the lineage and then review any gaps in the documentation and then inform you to get them from the builder, in order to satisfy clean legal title. \n\nWe don?t think a lay person is in a position to judge whether documentation is sufficient just looking at an indicative list. So we would advise that you seek the help of a lawyer and proceed with the purchase only if you find the legal title clean. There are some who may purchase it knowing a defect in legal title or if the approvals were not clean, then it should be taken that they understand the risk and are prepared to deal with it.
Hi I want to buy a land from one owner what documents do I need to check
Hi Tapaswini\n\nThe tentative list of documents that one needs to obtain for verification is given in our blog post (above). But again this list is only indicative because the actual documents required will vary based on past transactions, the conversion of land use, any bifurcation or partition etc.\n\nWill suggest to consult a competent lawyer with the documents and get an independent legal opinion on the property. Incase you need our assistance, you can email us at services@homeshikari.com or call us at 080-67684444.
HI Sir, \r\nWe are planning to Buy an apartment near yelahanka ( bagalur Cross) which is ready to occupy. I do not have details information about the documents. They say it comes under Panchayat and not sure about which Khata it falls under. Can you please advise me on what documents we can as the Builder and where all we need get those documents verified before investing on the Flat. \r\n1) We have applied for Loan as well in India Bulls housing finance and its being approved. Will the finance people do a details check on the documents before approving the loan? \r\n2) What are the documents we need to get from the builder and is the enough if we consult only a lawyer or do we also need to perform the check in other office and which are those ?
Hi Jessy\n\nA tentative list of documents that one needs to obtain for verification is given on our website Blog. But again this list is only indicative because the actual documents required will vary based on past transactions, the conversion of land use, any bifurcation or partition etc.\n\n1) Housing finance companies or banks will do a check but it cannot be taken as conclusive because most of the time, the apartment may be under construction when they approve the project and when it gets completed, if it violates the building approval then you won?t be eligible for the A-Khata (tax revenue record). Also the liability to pay the loan will always lie with you as a customer, not with the bank or finance company that is extending the loan in case they find that the title is not good later.\n\n2) Usually, once you do a booking you will be handed over a set of documents for title verification. Please take it to a competent lawyer for a verification. The lawyer is expected to check and ensure that all documents for title satisfaction are requested for and it will be your duty to ensure that you get it from the builder before proceeding with the purchase. Some lawyers may not only advise you and provide you a legal opinion but also help you procure the documents. This is dependent on the lawyer. It is the duty of the builder to provide you with all documents required to fulfil legal title requirements. If he can?t do that then it is a sure sign that you should keep away from such property unless you are willingly taking a risk due to other factors such as low price etc.\n\nIf you need our legal assistance, you can email us at services@homeshikari.com or call us at 080-67684444
Hi ,\r\n I am planning to buy a revenue site in magadi road. Please tell me what are the documents I should ask the seller before I buy.\r\n\r\nThank you
Hi Vanishree\n\nThe indicative list of documents required is given on our blog site. But this will vary from property to property and it is best to take the legal advice of a competent lawyer before you proceed.\n\nBut on a different note, I hope you understand that a revenue site means that it is not yet converted for residential / commercial use and is still classified as agricultural land. Any construction on such a plot without DC conversion will be illegal and the process of conversion for individual plots is both difficult, expensive and sometimes not possible, right away. Further, given that it is probably closer to the city it may fall under the BDA or BBMP limits in which case, betterment charges ought to have been paid after conversion to merit the A-khata. If both of these are not possible, it makes it difficult to get a loan or construct a house or sell the land freely.\n\nThese are things you should seriously consider before you purchase even though the price of revenue sites may be much lower than the converted sites.
Hi,\r\nI am planning to buy a flat which is prelaunch offer construction not yet started. What are the details I need to verify. Please assist.
Hi Archana\n\nA pre-launch offer means that not only has the construction not started, but also that the approvals also may not be in place yet. This also means that you run a risk that some approvals may not come through and hence the project or part of the project may get jeopardised or delayed. We are not saying that it is bound to happen but that there is genuine risk with every pre-launch offer. Please be aware of it.\n\nThings you should be checking on is the legal title of the land, encumbrances, approvals etc. that are part of the legal due diligence before you proceed with any project. In every such investment, make sure that you have protection in case the approvals don?t come through for any reason by way of a refund. This will need to be incorporated into your sale agreement if you are making an advance payout to book the apartment.
HI…\r\n\r\nI m purchasing a flat in belandur from a new construction company.\r\n\r\nCompany has given me nice discount during the Pre-launch and the no of flats in this period were only 25 out of 600+ flats.\r\n\r\nI hv paid half of the money now and remaining at the 80% completion of the project.\r\n\r\nNow my question is I cannot verify the property since they told they will handover the documents after a month.\r\n\r\nCan you please let me know which all documents I should be asking for since the construction completion time is 2 years from now. Please suggest
Hi Azhar\n\nThere is a whole list of documents that are listed on our blog. Again they are indicative. \n\nWe are surprised that you have paid 50% of the money without even checking the documents or getting a legal opinion about the title. Have you gotten into a sale agreement at least? On what basis did you pay the money before you could verify the documents? What if the construction is not being done as per approved plan? What if the plan approval was itself not for the floors on which your property is situated? We would suggest that you consult a lawyer for a legal opinion after you have the copies of the documents from the builder.
Hi,\r\n\r\nI am planning to buy house in TC palya. Owner says it is dc converted land and if we pay money they will provided E-khata. he has document for DC conversion. is that sufficeint to buy th house. or need to ask him any more documents. can you please suggest?
Hi Kumar\n\nThere is a list of documents that are indicative that have been provided on our blog, but that is by no way complete or comprehensive in all aspects because what needs to be checked for legal title sufficiency could vary from property to property based on its past ownership, history of transactions and various other factors. It is best to take a legal opinion through a competent lawyer before you decide. DC Conversion is only for the land use conversion from agricultural to residential / commercial whereas you also need to check for the building approval and if the construction was done as per the approved plan. Then only will you get the e-Khata. Ideally the seller should be having the e-Khata is his name. We would certainly advise you to take a legal opinion before you decide.
Hi,\r\nI am planning to buy a plot which is DC converted BBMP A khata. SBi is also providing the loan on it/But my loyer is saying that DC conversion detail is not there in the RTC.\r\nwhich is risk.\r\n\r\nPlease suggest should i go for it or not.
Hi Ganesh\n\nPlease ask the developer or seller to produce the certificate of conversion as a prerequisite to purchase the property. DC conversion is absolutely essential to change the land use of the property to residential / commercial from agricultural. Without it, you will not get any building approval sanctions and anything constructed on it will be termed illegal.\n\nSo insist on a copy of the DC conversion certificate and proceed only if that is available. RTC is a revenue record of tenancy & cultivation when it is / was an agricultural land. If it still shows as agricultural land in the RTC, then there is a good likelihood that the conversion was not done. Procure the documents and then get the lawyer?s feedback.\n \nIf you need our legal assistance then call us at 080-67684444 or email at services@homeshikari.com
Hi Sir , \r\n\r\nI would like to buy a residential site near TC palya road in Kr Puram area . \r\nThe owner is conveying me that , this plot is not fall under BBMP limit . \r\nHe have E khata and Dc converted land \r\nMy Questions \r\nIs that should i ask for any plot approval ? \r\nI read thro articles BBMP will issue A Khata for the sites within BBMP limits , then what is E khata which authority issuing E khata . \r\nWhile buying land out of BBMP limits , exactly what Khata ,i need to look for . \r\nKindly guide me .\r\n\r\nRangabashyam.
Hi Rangabashyam\n\nPlots that fall outside the jurisdiction of the BBMP will mandatorily need to have an e-Khata. This was done to stop malpractices that were prevalent on the outskirts of the city. Usually if it is a layout, then the approving authority for such plots will be the BDA or BMRDA or the village panchayat depending on whose jurisdiction it falls under.\n\ne-Khata is nothing but an electronic version of the A-Khata, however the issuing authority in this case for properties in the outskirts could be the BMRDA or the village panchayat.
Dear Sirs,\r\nI wish to purchase a Villa on BOM-AMD highway NH-8,located in Manor-Palghat,Thane.The property is developed by Vasudha builders called Arhum Villas.\r\nI wanted to ensure that the project is genuine and my life long savings are not lost post retirement.The developers is offering 1-N .A. Permission 2-Sanctioned layout as per Town Planning and Collector 3-Gram Panchayat NOC 4-Separate 7/12 extract for each plot 5-Conveyance in the name of the Developer.. But also they are charging a sum of Rs250/- towards Rent to Gram Panchayat. \r\nIs all above in order.\r\nRegards…Kumar
Hi Ajay\n\nSorry, we are not in a position to comment on individual builders or their projects. We would recommend that you consult a competent lawyer locally to do a legal verification and a title check before you proceed with it.
Hi Sir,\r\n\r\nIs E-khata can be considered as same as A-khata?Is it purely an electronic form of a-khata?Please confirm this at the earliest as I’m planning to book a flat and the builder is ready to give E-khata instead of A-khata.\r\n\r\nThanks\r\nSanojkumar.C.V
Hi Sanojkumar\n\nYes, E-Khata is to considered the equivalent of A-Khata but for places that fall outside the jurisdiction of the BBMP. The BBMP issues A-Khata and for areas that fall outside this limits, the government has made it mandatory to issue only an electronic form of it due to severe malpractices that were involved in the outer regions. If the builder can get the E-Khata and gives an assurance in writing or includes it in the sale agreement, then you should go ahead. Please beware if the same is being promised verbally and not in writing.
Hi Sir/ Madam,\r\n\r\nI am planning to buy a site ( Panchayat sites) near yelahanka, Mitganahalli. Could you please advise me that what all documents I need to check before I go for this. This is the first time I am going to get a site. Please suggest me on high priority to my email address below.\r\nnraghu402@gmail.com\r\n\r\nThanks for your help.\r\n\r\nRegards,\r\nRaghavendra
Hi Raghavendra,\n\nApart from the general list of documents listed on our blog here (http://support.homeshikari.com/blog/12-important-documents-check-buying-property-2-795/), you have to be careful to see that the property has an e-khata and not a manual khata since the latter is no longer accepted for transactions. There are lot of things to be checked including whether the land use conversion was done properly which you can only do through a competent lawyer, not by yourself. It is best to consult a lawyer to ensure you do not get into trouble later.\n\nIf you need help with the legal title checking once you have a set of papers, you can contact us at services@homeshikari.com or call us at 080-67684444