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Apartment -A katha without OC


12-Oct-2023 (In Property Law)
A katha without OC One of the builder is claiming he do have A katha for Apartment land and he is giving A katha for individual flat too but there is no OC . Apartment has very few flats (24 numbers) and builder said because of lesser units we have not applied for OC Is it possible to issue A katha to individual house without OC . Will it it affect in future if we brought such property?. Please suggest. Thanks in Advance.
Answers (3)

Answer #1
692 votes
what that builder he saying its completely wrong even 4 flats also can get oc, if they built with out any division then only they can get the Oc, and having A-katha, you have see their is chance where builder can manipulate you, because usually land will have A-khtha, but builder he will project they have A-khtha, so you have to see that properly

Answer #2
572 votes
Dear Sir/ Mam

Firstly, please note that , Since you do not get OC, you will not be able to possess an A khata for the building, since application for A khata requires OC as a document to be attached by the builder. it is a mandatory rule to procure OC and occupying any flat without OC is illegal. regarding A khatha for each flat, please note that without OC it is not possible to procure an A khatha. if you plan to sell your property, in future it will be surely a problem as many buyers insist on having an OC for the flat they are purchasing.
Answer #3
588 votes
according to BBMP (Bruhat Bangalore Mahanagara Palike). Khata is an account of assessment of a property, recording details about your property such as size, location, built up area and so on for the purpose of payment of property tax. It is also a kind of identification of the person who is primarily liable for payment of tax. It is required when you require a building license, trade licence or loan from banks or any other financial transactions. It is mandatory for all property owners to pay property tax; hence you need to have khata.

Khata will not confer ownership of property. Whereas Title Deed is the valid document which confer ownership on property.

OC: OCCUPANCY CERTIFICATE is a must.
All buildings which have not got OC will have to take license from RERA ( Real Estate Regulatory Authority).
Under Real Estate (Regulation and Development) Act 2016, it is mandatory to register all ongoing real estate projects.
Even after ten or fifteen years, the building is occupied, many transaction take place and housing finance availed but the building is not finished in the eye of law unless it gets Occupation Certificate (OC) or Building Completion Certificate (BCC) whichever is applicable.
All these buildings will have to be registered under the authority as under construction projects and builders will have to bring in OC. If not, then no broker or no buyer will have to purchase properties without OC. All the occupants of such building will have to trace builders to get them OC or file consumer complaint against builders or start the process of getting OC on their own which requires huge capital and penalties.

Dr Gubbi, Counselor & Advocate, Bangalore

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