Outdated records major cause for land disputes

Buyers have to be very careful while entering into lands deals. Existence of fake land records and selling of same property for multiple buyers through either forged documents will generate land disputes.

Existence of outdated land records, land sharks forging documents, lack of knowledge of land records and laws are the major causes for land disputes in cities like Bangalore, Mysore and other towns. Therefore, it is better to have a legal opinion before finalising land deal.

The Revenue Department has shown laxity in updating revenue records. Issues such as failure in inter-departmental communications regarding property issues and confusion over custodians of documents are other major causes come in the way of land transactions. Taking advantage of loopholes in the system, real estate agents have either sold property to multiple buyers through either forged documents or the properties have changed hands after suppression of records.

In fact, violation of laws and forging of documents is a common factor in Bangalore. Lands notified by the Bangalore Development Authority (BDA) for acquisition in 1982 have been sold to buyers by forging documents. Similarly, flat owners in South City are at a loose end with the suppression of the fact that a portion of the land had been relinquished in favour of BDA even before the apartments were sold.

In both the cases, validation of titles, which was an important step, could not be done at the sub-registrar's offices as records were not updated.

Titles

The Registration Department has rights for giving “presumptive titles” to the property, but validation of titles and legality of transactions are in the legal jurisdiction. Presumptive title is given on the understanding at face value that both buyer and seller are undertaking a genuine transaction.

By registering properties, the department only give a constructive notice to say that such a transaction has taken place. One has to cross check various documents such as earlier revenue land records, change of hands, tax paid receipts, status of present lands, khata etc, officials in the revenue department maintained.

On a question related to sub-registrar’s office could verify the documents before registration, the official said legally, it can only register the document. If verification process is also given to it, it would be cumbersome and time-consuming.

So, we request all those buyers of lands be doubly careful while entering into land transactions. Do home work, before discussing issues related to price and land registration.

In view of the complex issues involved purchase lands, housing sites and flats, experts suggested that it is better on the part of the buyer to consult legal experts and seek their opinions on land records and validity of legal documents.

Registering Khata in Bangalore

Khata is important when you apply for any license of building or for trade, applying for loan from any banks or financial institution. Khata is an account which consist all the details of property like name of owner, size of buildings, location of property and all other details that helps to file property tax. 

 Application for Khata: 

Get a Khata application form (costs Rs.10/-), plus copies of five documents - Betterment charges receipt, Receipt of latest Property Tax paid, Building sanction letters, Title certificate, Sketch of layout. It is available either online or at any BBMP office.

 Application for Encumbrance Certificate (EC): 

Get an EC application (Form-22), available free of cost at sub-registrar office. It should be for a period of at least a year. The cost of applying for EC is Rs. 35 for one year. You will need to go back after a day or two to collect the EC. While applying for EC, one has to carry copy of sales deed.

Obtain Notarized copy of documents:

Get Notarized of the following - Sale deed, Form II (if you have), Possession Certificate (if you have), GPA (if used), and fill up the form – green and pink.

Submit the Application: 

Tag the application to the notarized documents, EC, latest property tax receipt, plan of the flat along with the common documents and submit to the local ARO Office. Get the pink acknowledgement with submission number, stamped and signed by respective officer.

Follow up: 

Go back after 15 days to check the status. Keep doing this till you get the demand note.  Demand note indicates the amount you need to pay as Khata registration fee.

Assessment of Property: 

Once you submit the Khata application, the BBMP Revenue In-charge and Assistant Revenue Officer personally visits the property to assess the property. After the property is assessed BBMP formally communicates this mentioning the property dimensions (in sq feet), its value as per BBMP assessment and the tax liability thereon.

Pay Registration Fee: 

Submit the DDs as per the demand note to ARO Office and get a stamped acknowledgement. Once you get acknowledgement, it means the process has begun. The administration fee or demand note amount is two per cent on the stamp paper value. Most people confuse this to be two per cent of the property value mentioned in the sale deed. The demand note is issued in batches. So do co-ordinate with others in your building whose names are in the demand note to get all the DDs.

Follow up:

Go back after 15 days to check the status.

Khata notification: 

Check the notification to see that your name is spelt correctly and other information like area of flat, car park, and so on, are correct. Take the Khata notification to the ARO office with an application requesting issue of Khata certificate (pay Rs. 25) and Khata extract (pay Rs. 100).

Khata Registration: 

Once you pay the Khata Registration fee, in about 1-2 weeks, one receives the notice for paying the pending property tax. Without this the Khata Extract will not be issued in your name. But if you have reached this point it means Khata has been technically registered on your name.