Seller withholding khata
Winston DSouza
(Querist) 02 March 2013
This query is : Resolved
We purchased a flat about five years ago, in a building constructed by the owner of the land in collaboration with a developer. The building contains 8 flats, four of which are owned by the former land owner and the developer, and the other four by members of the public, like us.
We have regularly being paying our taxes to the BBMP. Repeated attempts to get the khata in our name have not succeeded, with the owner / developer contending that the khata cannot be issued unless all the purchasers of the flats agree to pay large sums of money, which at various times have been Rs. 6000, 20000, and 40000 per flat.
The sale deeds and other papers appear to be in order, since they have been scrutinized by banks who have granted loans for purchase of the flats. Is there a way to obtain the khata directly from the BBMP without the consent of the former owner of the property and / or the developer? Regards,
W. D'Souza.
Devajyoti Barman
(Expert) 02 March 2013
The demand of developer is not in consonance with law. Do file a case before the consumer forum so you get your job done.
Raj Kumar Makkad
(Expert) 02 March 2013
If your registration documents are in order and you are separately paying tax on the building then you need not to get separate khata for your property. Even then if you require it then you shall have to fulfil the condition of the builder/owner and no law can help you in this regard.
ajay sethi
(Expert) 02 March 2013
it is advisable to contact a local lawyer