Sunday, March 10, 2013

PR -toi news - why 'KHATA' the bugbear ?

Update

toi
Gullible buyers may not get crucial property document

Q
Lapses by builders, developers and civic agencies are likely to cost the owners dearly for not cross-checking documents. The khata issued by the urban local body, the registration certificate issued by the stamps and registration department, the land use conversion certificate, and related documents have to be submitted to get a PR card. Those who do not possess these documents for their plots are in trouble.

Besides, group housing complexes facing charges of encroachment will result in all the properties in the entire complex not getting PR cards. "In such cases, individual apartment owners won't be able to get the PR card. They can move the consumer court against their builders," confirmed V Ponnuraj, commissioner, survey settlement and joint secretary to the chief minister, who is working on the UPOR project for which the tendering process is under way.

UQ

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A QUIXOT
"In such cases, individual apartment owners won't be able to get the PR card. They can move the consumer court against their builders,." Will not every gullible apartment buyer be fully justified in im-pleading in any such legal proceedings, as necessary opposite parties,- besides the 'builders' as suggested, though unwittingly, - also the advising professionals, and concerned government and local municipal authorities, who, in no way or by any yardstick, have been no less responsible, for the 'problems' to be confronted with ?








<previous
Coming: Just one card with all property data


<>Should you care..>>>
...And shouting 'eureka', run out on the street and loudly proclaim - Are "khata ' woes of our elite 'halli' soon to be over ?!
N(nnn)O, not at all ?! So 'sez' the Latest News >>> 
Read (selectively) >
"What will PR card have?A PR card will have details on property liabilities, sketch, map, boundary disputes, details on lease deed and the type of ownership The card will also have details on the right of way, light and air PR card is different from khata, which is a tax-paid certificate. The PR-issuing process to involve leading banks so that property liabilities are up to date"
"To get the PR card, the owner must provide the khata issued by the local body, registration certificate issued by the stamps and registration department and related documents during the draft PR card verification process. Those who do not possess the said documents will have trouble in getting PR."

  click here.
 
A QUIXOT (Bengaluru)    
"To get the PR card, the owner must provide the khata issued by the local body, registration certificate issued by the stamps and registration department and related documents ...."  One would urge, with all force in law, that the requirement of , besides others, ''khata' makes no sense whatsoever. As is commonly known and widely grieved / aired by the apartments purchasers, there are any number of told or untold stories on non-issue/reluctance in issuance of so called 'khata' by the authority for reasons known, besides the promoters /sellers, only to BDA or BBMP. For, admittedly, with no scope for quarrel, khata is simply a piece of paper, evidencing the fact as to who is liable to pay property tax; and not a document of title (ownership) in any sense. Sooner this superfluous and unwarranted requirement is scrapped ab initio, the better. KEY NOTE:  To put the point made in a way more intelligible even on the first blush: 

Purchaser acquires 'ownership' (becomes 'apartment owner' as envisaged) on registration of 'sale' deed in his favor. Then, as owner, he is rendered liable for property tax payment. As such, making khata a requirement (condition)  for PR  is based on flawed, nay inverted logic, offending common sense; 
The authority cannot be right, much less within his powers, should he refuse khata to the holder of  registered sale deed evidencing his ownership. Besides, any such refusal will be self-defeating  the very purpose of khata. The authority will thereby expose himself to legal action on the ground of failure or denial to discharge his duty as a public servant.

In short, only by virtue of purchaser becoming owner, liability to property tax is fixed on him, hence the need for khata ; not the other way. Mere act of holding a khata and /or paying property tax, without registered  sale deed in his name, is no proof of ownership. The requirement of  khata is thus founded on faulty or inverted logic.


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