CMC sites: Ensure clear title

Though CMC sites cost relatively lower, you need to ensure all the papers are genuine and in order to get one with a clear title.

The property rates in the city are skyrocketing and not all are lucky enough to net a BDA sites. The results: a big gap in the demand-supply chain. Inevitably, prospective buyers are scouting for sites in the City Municipal Council (CMC) areas. While sites in the city corporation limits are priced high, the sites in the urban local bodies are available in some places at substantially lower rates. However, they come with a risk tag attached.

Dealing in property in the CMC areas is complicated. You should check the documents of the property thoroughly for its genuineness and a legal opinion is a must before advancing on a property as a lot of bogus documents are in circulation. The government should expedite the process of acquisition and allow the CMCs to collect betterment charges and issue Khatas.

Get the basic right

There are eight local bodies in Bangalore district. Seven CMCs, including Bommanahalli, Byatarayanapura, Yelahanka, Dasarahalli, Pattangere, Rajarajeshwari Nagar, K R Puram, and one TMC that is Kengeri. Many plots in these areas that are up for sale are agricultural land and green belt areas. It was in 2003 that the government in an attempt to stop the unauthorized construction issued a notification to all the eight local bodies to stop issuing Khatas. In other words, stopped collection of betterment charges and liquidated Municipal Administration Records (Form MAR 19). So it is a prerequisite that a competent authority prior to May 29,2003 to buy any property in a CMC area.

What it means

A Khata is revenue document required for sanction of plans and also to avail finance from banks. It is important to understand what a Katha means as middlemen are taking advantage of misinformed buyers. Prior to May 29,2003, the CMCs were collecting betterment chares in exchange for Khatas (on Form MAR 19), but after that they stopped collect property taxes under the SAS (self assessment scheme) through From No 3. This Form has replaced Form has replaced Form MAR 19. It should be noted here that this Form No. 3 doesn’t hold good for plan sanctions and if an owner doesn’t have a Khata (from No.19), he cannot construct a house. Form No. 3 is just a receipt/ tax assessment extract and not a Khata. Many false Khatas and betterment charges paid receipts are in circulation and it is advisable to verify the records with the offices of municipal councils to ensure they are genuine.

Private individuals mostly own the sites in the limits of these authorities. There are also private layouts. Many such layouts have come up around the city. It is necessary to examine whether the layout are approved by the BDA or the BMRDA. In case of agricultural land, they need to be converted for non-agricultural uses and tracing of property has to be done for a minimum period of 43 years.

In case you feel you have zeroed in on a site with a clear title in a CMC area, ensure these papers are in order.

· Mother deed to trace the origin of property and all other relevant conveyance deeds
· Conversion order
· Zonal regulation map
· Relevant mutation records
· Index of Land
· Record of Right
· Nil tenancy certificate
· Nil acquisition certificate from the competent authority
· Endorsement from Tahsildar confirming that there is nothing pending under Section 79 (a) and (b) of Karnataka Land Reforms Act
· Endorsement from the competent authority stating that the land is not a grant land
· Village map, survey map, tipny, akar, bandh, atlas
· If it is a grant land, permission from Tahsildar is to be obtained
· If the sites are formed, approved layout plan to be obtained from BDA
· Betterment charges paid receipt
· Latest tax paid receipt
· Encumbrance certificate for the relevant period
· Katha certificate in From MAR 19 (issued prior to 29.5.03)
· Sanctioned building plan in case of a built house