Getting a Khatha for a BDA site.... (aka Mission almost Impossible)
If you thought going on a goose chase on the outskirts of Bangalore looking for BDA sites and coughing up exorbitant sums of money was all that you needed to do be a proud owner of a BDA site, here is a Do-It-Yourself guide on how to go about. The process starts with a legal verification by a competent advocate. You need to collect a whole bunch of documents (xerox copies) from the seller. This includes:
- Allotment letter from BDA to original allottee
- Original sale deed from BDA to original allottee
- Sale deeds for each of the subsequent transactions
- Original Encumbrence certificate for the duration from allotment of site to present date (see process below)
- Latest Tax receipt
- Khatha certificate of present owner
Getting the Encumbrence certificate is a streamlined process, the only hassle being identifying the Sub-Registrar office under whose jurisdiction the site falls and then making a visit to this office. The best time to go there is around 9 AM. Don't fall off your chair, these offices do open that early. Except that instead of employees, you fill find touts occupying the seats meant for employees. You need to give the site details (Site No., Layout, Block) and pay the tout Rs 100- Rs 200 and specify the duration of the certificate. You can return in 3 hours and the certificate will be ready. Sincere touts even give you their mobile numbers, so that you can cross-check before going. Bookmark this process, you will need to do this once again.
If you are going through a real estate broker, negotiate with him upfront on the brokerage to be paid. Typically, it is 1% of the total transaction amount. Upfront negotiation can save a lot of trouble later.
Once the advocate gives an absolute clearance that the deal is legally feasible, you can initiate the initial agreement on a stamp paper. The advocate can help you draft an agreement. Value of stamp paper depends on the total transaction amount. This process involves an advance payment with a commitment to close the deal finally on a specified date, say a month later. This draft agreement mentions the "real" value of the site. The final sale deed that is registered will be for a lower amount called the guidance value. So the normal practice is to destroy the draft agreement once the final agreement is registered.
The interim period can be used to secure a loan if applicable. It is highly advisable to engage a lawyer to draft the final sale agreement and engage him to represent you at the Sub-Registrar's office at the time of registration. The Sub-Registrar's office functions as a well-oiled machinery, the "oil" being currency notes. Advocates typically charge Rs 10-12K as fees, which includes the charges for the "oil". Taking the lawyer along smoothens the process and you will be amazed at the speed with which the system works if you use the "correct" approach. Be sure to take xerox copies of all the above mentioned documents, demand drafts (one to the seller for the guidance value and the other to the Sub-Registrar as Registration fee). Find out from the lawyer the exact value of the demand draft and whom it should be payable to. In addition, carry a few photographs, PAN card, Passport, Address proof (just-in-case). Once the registration is done you can collect the original sale deed from the Sub-Registrar. Do remember to collect the original documents of the site (all mentioned above) from the seller.
More later.......................................
