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  • 14 years ago
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Is it true that the khata transfer should be completed by the land developers before they register the properties in the name of their clients? i saw that many builders have stopped registering proper

Reported on September 26, 2010 from Bangalore , Karnataka  ι Report #34001

<p>
Section 114 of the Karnataka Municipal Corporations Act 1976 makes it obligatory upon both the transferee (i.e., the builder who is selling the property) and the transferor (i.e., the buyer who is buying the property) to notify the BBMP who is the person primarily liable for the payment of property tax, within 3 months from the date of transfer. The three month period before the deadline will commence when you have executed the registration of the sale deed. A Katha transfer in the BBMP from the name of the builder-seller to the buyer happens only <strong>after</strong>&nbsp;(<strong>and not before</strong>) the property is &nbsp;registered.</p>
<p>
If the builder is reluctant or is delaying the registration of individual apartments/flats, in all likelihood, he has a defective title to the land in the first place! It could be that he has failed to complete the sale in its entirety with the original land owner or there are some ongoing disputes regarding the land in question. Let me confirm that there is no rule that the Khata transfer should be completed before the sale of the property. If any builder is saying this, then obviously, he is trying to mislead you. &nbsp;</p>
<p>
I would advise you to approach the Deputy Commissioner (Revenue) at the head office of BBMP and state the facts of the case. You can obtain from him the actual position as per the corporation records, in consultation with the town planning authority, the status of the land in question. Once you have the facts with you regarding the Builder&rsquo;s title to the property, then you can initiate appropriate action against the developer. &nbsp;</p>
<p>
Just a few words on builders. Most people put their life&rsquo;s savings into buying a house. However, I find it most surprising that many of us do not do any prior checks, before entering into an agreement of sale with developers. The least that one should do before signing up with a builder is to check whether the builder has undisputed title to the land. We will shortly come out with details as to what flat buyers should check out with builders, before they take the plunge, of buying a flat.</p>

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