[saisree]

Originally Posted by balenoed_

Just a follow up question on this.

Actually this is going to be with a plot loan. So, say if I have put 30-40L (GV) in the sale deed and pay stamp duty accordingly, but actually paying the seller the ASP (~75L), through bank loan, is that legal and ok to do? Any cons with that arrangement?

First question, how much of this 75L is taken from the bank? Are you doing a cash payout?

As many mentioned, Banks will lend you a max of 90% of the whole agreed value, which is the documented agreement between you and the seller. If you need a much bigger loan, you need to have that amount in the agreement and that is the value you will be asked to do registration for.
One situation you may end up is the Sub Registrar might not accept you to register at that high value, since it will shoot up the guideline value for the post registrations.
Have a check with the SRO too before you do this.
The best thing you can do is to reach out a law firm which does this legal documentation activity. They will help you in the final drafting of the documents also will have the reach to the SRO.

Originally Posted by balenoed_

Do you have an E-Khata? I am told it is mandatory now for doing registration? Any idea about that?

I'm assuming e-khata referred here is the Encumbrance certificate. Please do get this by applying it at the SRO (Sub-Registrar Office). If you have to ascertain that the seller is the current owner of the property, you need this. Don't go ahead with the registration without checking it. I generally look for the last 30 years and see that all the transactions on the property matches with the EC and the documents.

Originally Posted by Capri89

Hi Condor,

I am in a similar quandary, i.e in respect to E - khata.
Please guide, in whatever way possible.
I understand that time, effort and money is upto me.
So, basically, it is the people help that I am looking for.

Regards.

I see that you are in Chennai. You can access the site https://tnreginet.gov.in/portal/ and download the EC for free. Its available under the e-services menu. It loads in Tamil and you can change the language to English. It requires you to feed in the property details like the location, stree, survey no etc.,

[Capri89]

Originally Posted by saisree

I'm assuming e-khata referred here is the Encumbrance certificate.

I see that you are in Chennai.

e-khata is not Encumbrance certificate. The equivalent in TN is called "patta".

Although I am in Chennai, my request for help is in regard to a plot in KA, near Bangalore. Help from anyone is welcome.

[balenoed_]

Originally Posted by saisree

If you need a much bigger loan, you need to have that amount in the agreement and that is the value you will be asked to do registration for.

The ground reality is not that. You need NOT register the sale deed for the value in agreement. The sale deed value only needs to be not less than the government guidance value of that area/plot/property.

E-Katha is not EC.

Originally Posted by Capri89

Although I am in Chennai, my request for help is in regard to a plot in KA, near Bangalore. Help from anyone is welcome.

What exact help are you looking at. I am going though this, but as a buyer. I have insisted the seller to get the E.Katha and he agreed to do it. Yes, it takes some time (3-4 weeks) and couple of visits to those offices. If needed immediately, can get it done by paying some money (read 20-30K). I am not sure what route my seller is taking.

[whencut86]

Originally Posted by balenoed_

The ground reality is not that. You need NOT register the sale deed for the value in agreement. The sale deed value only needs to be not less than the government guidance value of that area/plot/property.

During peak COVID times, a lot of properties were sold at lesser than government guideline value mentioned by the valuer in the bank report. The catch is if the sale value is less than guideline value, you pay registration for guideline value instead of the sale value.

[Capri89]

Originally Posted by balenoed_

What exact help are you looking at.

Someone who speaks Kannada and can help to liaise with the clerks in the sub Registrar's office.

Agents and middlemen milk you no end, without any result to show.

So looking for a reliable as well as a knowledgeable person. All my papers are in order. Just have to convert paper khata to e-khata.

[dailydriver]

Originally Posted by Capri89

Someone who speaks Kannada and can help to liaise with the clerks in the sub Registrar's office.

Agents and middlemen milk you no end, without any result to show.

So looking for a reliable as well as a knowledgeable person. All my papers are in order. Just have to convert paper khata to e-khata.

E-khata is done and issued by the jurisdictional government agencies which levy taxes on the property. It could be BBMP, BDA, Gram Panchayat or Municipality depending upon the location of your plot.

I really doubt if you should approach the Sub Registrar's Office for this.

[Capri89]

Originally Posted by dailydriver

E-khata is done and issued by the jurisdictional government agencies which levy taxes on the property. It could be BBMP, BDA, Gram Panchayat or Municipality depending upon the location of your plot.

I really doubt if you should approach the Sub Registrar's Office for this.

I used the term Sub Registrar in a generic sense. But, yes, agree with your point. It might be Gram Panchayat, most likely, or wherever.

My problem is lack of knowledge of Kannada.

[dailydriver]

Originally Posted by Capri89

I used the term Sub Registrar in a generic sense. But, yes, agree with your point. It might be Gram Panchayat, most likely, or wherever.

My problem is lack of knowledge of Kannada.

If it is a gram panchayat, the PDO (Panchayat Development Officer) is your go to man. You need to talk to him directly, skipping all his underlings.

Most of these officers were appointed a decade back and a majority of them are graduates. They can converse in English, or at least understand your words and requirements.

Assuming that your plot is not a standalone one and is part of a larger layout, the PDO would have already done the khata conversion many times AND would have fixed an amount as his personal fee. Chances are that there would be packages depending on the plot size. Kannada or no Kannada, he is unlikely to take up your work without this payment being made to him.

I know it sounds bizarre saying this on a public forum, but the wheels of justice in government offices require a constant supply of grease to keep moving.

A Kannada speaking friend may be of help in getting you an unofficial discount on the officer's unofficial charges, that's the maximum.

That said, if you can mention the exact location of your plot, Bhpians living in the vicinity and well conversant with Kannada might chip in with their time.

[thanixravindran]

Originally Posted by dailydriver

E-khata is done and issued by the jurisdictional government agencies which levy taxes on the property. It could be BBMP, BDA, Gram Panchayat or Municipality depending upon the location of your plot.

I really doubt if you should approach the Sub Registrar's Office for this.

Originally Posted by Capri89

I used the term Sub Registrar in a generic sense. But, yes, agree with your point. It might be Gram Panchayat, most likely, or wherever.

My problem is lack of knowledge of Kannada.

Some bit of general nformation -

Document registration is done by registration department of state governments. It includes land, house, society, marriage etc. Essentially government stamp of genuine transaction between two parties showing encumbrance and transaction history.

Property tax levy is done by panchayat, municipality or corporation for building, plots etc. Funds are used by local bodies.

Patta/Khata are handled by Revenue department. This is a relic of British raj as they categorised land into revenue yielding (agricultural) and non revenue land. British collector is authorised to collect levy from the produce. You will see few rupees as levy in patta. This established the ownership of land in the past by virtue of payment of tax on agricultural land. In fact one can be penalized for not taking up agriculture or low yield (loss of revenue). Now this is continuing even after agricultural land is converted to residential. Unfortunately, revenue department is responsible for land acquisition compensation, income certificate, etc and khata/patta transfer becomes essential for ownership in revenue department records. So the chain starts from village administrative officer, Thehsildhar, Revenue collector (sub) and district collector.

[Capri89]

Originally Posted by dailydriver

I know it sounds bizarre saying this on a public forum, but the wheels of justice in government offices require a constant supply of grease to keep moving.

this is the bitter truth in our country, at least in certain places.

A Kannada speaking friend may be of help in getting you an unofficial discount on the officer's unofficial charges, that's the maximum.

He/She should also be able to read and ascertain the contents of any documents.

That said, if you can mention the exact location of your plot,

It is in Rajanakunte (Yelahanka- DB Pur road) in a gated community.

[balenoed_]

Originally Posted by condor

Yes. Took time, effort, people and money to get it done. Would not have been able to sell without it. The rule has been there for a few years now - not just in & around Bangalore, but across the state.

Can you let me know if yours was BDA Khata earlier and is it a plot or apartment?

Mine got into a confusion while going for E.Khata. This is a BDA approved layout with BDA Khata and tax paid to BDA. The mixed opinion is that, for BDA approved Khata's where you pay tax to BDA, there is no need to convert to panchayath E.Khata. Because then it means you will end up paying tax to Panchayath and BDA.

So, are BDA approved layouts within panchayath limits exempted from having this E.Khata? Even panchayath officials are not very clear on what needs to be done and they are not sure how to collect tax for BDA approved plots within their limits. They just said apply and just wait for some days while they figure it out.

Any thoughts?

[speed79]

Originally Posted by balenoed_

Can you let me know if yours was BDA Khata earlier and is it a plot or apartment?

Not sure if it helps. Two months back, I was about to purchase a house in BDA Layout HRBR layout (which eventually got cancelled due to SWD related confusions and risks), and the seller had got e-khata for his house.

Also, six months back I was about to buy a Villa in a Prestige's project which was approved by BDA (I dropped it due to pathetic construction quality), but the seller had e-Khata from Panchayat.

[Dr Alpha]

Originally Posted by Raj1008

I am looking for some advise. We have a flat in Bombay which is locked. Parents and siblings are with me in Canada. I get limited vacation time to travel there. When I do, it’s just repairs and upkeep which keeps me busy.

We have decided to sell the place but unsure of how to go about it. We have no family in india. I have some friends who have recommended brokers.

My question is, how safe is it to give the keys to the broker for showings? My friends tell me that things have changed since before where once you give the keys you are done.

Is that the best way? Any suggestions of anything in writing to be done with broker if I decide to give the keys?

You can instal a smart lock which can be operated with otp everytime some one wants to enter.If integrated with a video door phone you can monitor who enters and when they exit.This will be more convenient for you and adds to the value of the property.

[Osteon206]

Sorry for the completely off topic but similar fraud. Nestaway is not refunding my security deposit, it’s been more than 6 months since I moved out, accorded tenant has already started living there through nestaway as well which the owner also was not aware of till I told him. All these new online businesses are very difficult to approach in case of grievance. In the case of Nestaway there is only one corporate office at Bangalore where nobody has an idea as to how to move ahead. After multiple visits to the Bangalore office and no response we’ve finally sent a legal notice.

[knp]

Friends, looking for a 3bhk villa at Hosur, Tamil Nadue in a gated community. As my parents are constantly falling sick at Bangalore due to pollution, looking to shift to Hosur as I mostly work from home. Appreciate your inputs on a reliable developer with good constuction quality.