How does the recent Karnataka High Court Judgement affect Property Buying?
the link:
https://in.finance.yahoo.com/news/do...114819228.html
In February, the Karnataka High Court has mandated that the Bruhat Bangalore Mahanagara Palike (BBMP) cannot award 'B Khata' certificates to buildings and properties, as these are just certifications for the assessment of property tax and are in no way to be taken as arbiters of a property being legal or illegal. In other words, if a property does not have an A Khata, it is illegal. The motion comes as some form of relief for lakhs of property owners who own B Khata property and are caught between builders who are unwilling to apply for occupancy certificate because of the property tax that they will have to pay and the BBMP officials who have created many confusion in the minds of residents and owners.
B-Khata not proof of ownership
In other words, the Karnataka High Court has dubbed the practice of issuing 'B' Khatas as illegal and has ordered the BBMP to include all properties in the Form-A Register. The ownership of a BBMP B Khata is not proof of ownership of your property and it means that it still has pending sanctions that have to be approved.
This mandate came when 20 residents of Sharadamba Residency, an apartment complex situated in Kengeri Hobli in South Bengaluru, decided do something about their plight and approached the High Court and challenged the BBMP's move to issue their apartment complex only the B Khata.
This new judgment will affect property buying in many ways. For one, all owners of B Khata are worried about their property's legal status. It is ironic that the BBMP is the authority that is responsible for checking building plan violations in a property and instead of solving these irregularities, it issues a B Khata form. Therefore, many discrepancies within the BBMP have to be sorted out first. It would be a good idea to make the occupation certificate (OC) mandatory as much as the title deed. Presently, the OC is compulsory for buildings exceeding 8,000 square feet and 50 feet in height.
In terms of the regularization of Khata in the light of the High Court judgment, the mandate says that the circular dated August 25, 2009 which says that B –Khata can be issued, is illegal and not relevant. In other words, issuing B Khata is illegal, as per the Section 108 – A (3) of the Karnataka Municipal Corporation Act 1976. To this effect, the High Court has mandated that Property Identification Numbers or PIDs are issued to properties. Not all the properties under the BBMP jurisdiction have a PID, so the High Court has made it mandatory for properties to have new PIDs instead of the old ones.
Property Identification Number (PID)
A PID is a property identification number and contains important information on properties, ward number, street name and number, plot number and details and more. The PID number is applicable to all properties that are in the purview of the BBMP, whether or not they are assessed for property tax. A property owner can apply for a PID by submitting the Khata document, the address proof and survey number of the property. The new PID can be accessed online and it will show the BBMP whether the owner of that property has paid property tax or not. The new PID system is a very good way to avoid confusion over the type of Khata (A Khata and B Khata).
This is a good move, as it will make sure that instead of having an A and B Khata demarcation, the BBMP can have a universal process of issuing a Khata to a property and a way to see if an owner has paid property tax or not. In other words, all owners of properties within the BBMP purview, whether they are assessed for tax or not, need to get a PID. The government has, in effect, separated property tax status from ownership status.
A B-Khata does not signify legal ownership of a property. It is just acknowledgement from the government that property tax has been paid. It certainly cannot get the owner bank loans or trading licenses.
To make it simple, the process works like this. A property has to be registered by the BBMP by verifying its title documents and giving an encumbrance certificate after making sure no building norms are violated. After registration, a Khata number is awarded. If tax is paid regularly, the property can be transferred easily.
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Akrama Sakrama Scheme Begins From March 23 in Karnataka
the link :
http://www.newindianexpress.com/stat...cle2697004.ece
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BENGALURU:The state government has begun the long-pending process of ‘one-time regularisation’ of unauthorised layouts and buildings.
Property owners can approach local body offices for applications from March 23. The scheme will be open for a year, till March 23, 2016.
Called Akrama Sakrama, the scheme applies to all layouts and buildings that have come up on private property before October 19, 2013. No building or layout on encroached government or semi-government land is eligible for regularisation.
Collection: The government hopes to mobilise Rs 10,000-15,000 crore through Akrama Sakrama.
Releasing a handbook on Tuesday with the relevant rules, procedures and guidelines, Urban Development Minister Vinay Kumar Sorake said the fees had been rationalised and the calculations made simple.Funds mobilised through Akrama Sakrama will be used for the development of infrastructure and creation of parks and open spaces in the state, Sorake said.
The Karnataka Town and Country Planning Act of 1961, Karnataka Municipal Corporation Act of 1976 and Karnataka Municipalities Act of 1964 have been amended to regularise illegal layouts and buildings on private property.
Sorake said that the government would follow a court direction in case a building violated bylaws by 100 per cent.
Owners of such properties can also approach the court for relief, he said. The application has to be filed by the owner, Sorake said, promising to act against developers of unauthorised layouts and apartments.
The regularisation fee will be in addition to the regular charges levied by the competent authorities.
According to the proposal, the regularisation fee for land use violation is five times the fees prescribed.