khata transfer is possible without proper documents!

[nanjundaiah]

Hi All,

Yes u read it right, the subject line "khata transfer is possible without proper documents! "

I am a senior citizen, have worked for central government company in Bangalore.
Today am writing here hoping to get a solution to my problem.

Actually my ancestral property is in Rajajinagar Bangalore, and all through these years the khata was in name of my ancestor and since its very old property and during the purchase of land , there is no specification of dimension on the sale deed(The complete land has two sale deeds). And also a public drinking water well was next to property .

Saying breif about the property, here the concern is:

1) My cousin brother is gained the khata transferred in his name, by submitting partial documents - out of two sale deeds, he has given only one sale deed and hid the other as its going to be proof of Partition.

2) And the BBMP without verifying given him khata.

3) In Survey department also, my cousin brother has shown only one sale deed posing as if its for complete property (has hid the other sale deed here too).

4) Now he has started constructing new building taking an plan approval , again he has hid the sale deed during plan approval (the other sale deed suppose to be proof for partition).

5) The above said, public drinking water well is also closed by cousin brother while constructing the house without informing BBMP officials. (Have not took approval)

6) I have raised this above concern and complaint have addressed to BBMP commissioner along with all supportive documents on the above and also served a complaint copy to BBMP office in Rajajinagar .

7) Even after complaint NO ACTION is taken, and according to procedure have applied for RTI copy to know what action is taken on my complaint.
But even after everyday visit to Rajajinagar BBMP, and more than 20days , there is no proper response from the officials for the RTI copy.

They vaguely answer saying they are busy or some kind of trying to fool the public by guiding them wrong.

Questions:
1) BBMP negligence during khata transfer by ignoring the basic mandatory previous sale deed. How is this possible?
2) During demolition, complaint was given and till date the new building is standing to get
inaugurated.. But absolutely NO ACTION took ?
What reason for not taking action?
3) The public Well closed - NO ACTION .WHY?

I Suspect there must be strong reason for not taking action against this.

For all the wrong things :- Khata transfer without complete documents + Not taking actions against the given complaints + Well closed without approval- which is an public property+ Wrong submission of documents to survey department
Directly or indirectly BBMP officials in Rajajinagar Bangalore, is supporting this.

Is that the BRIBE they are supporting?

whom to escalate?

[nanjundaiah]

Looking forward for all of yours support and reply on this.
Please leave your comments..

[tvsh]

Dear Mr. Nanjundiah,

I am not a lawyer, so take it for what it is worth. Excuse me if the reply sounds a bit harsh.

Firstly, Your cousin brother cannot transfer the khata to his name with the old sale deed. The old sale deed is between your ancestors and the seller. The khata transfer if any on account of the sale deed will be to your ancestor's name and not your cousin. You cousin only needs to prove that he acquired the rights of the property to get the khata transferred. He must have done the following,

a. provided a Death Certificate of your ancestor, showing that he/she is no more.
b. Provided some proof that he is the only surviving legal heir to your ancestor ( or some kind of release deed from the other surviving legal heirs). He must have bribed the VA to get a family tree omitting you and other legal heirs that he/she did not want to share the property with.

Secondly, what is the basis on which you expect the BBMP to know the history of your land? Agreed they could get hold of sale deeds, look up village maps, and doother investigative work to get to know the history. When BBMP do not do the work they are paid to do, why would they go and do the hard work, when they have nothing to gain?

The survey department, or the plan approval authority is least bothered about the previous ownership of a property. They do the work, as long as the current owner pays the legal fees and the bribe they usually expect.

Khata will be transferred after giving 30 days notice ( they post in the village notice board) - Assuming your ancestors purchased agricultural land as sites usually have clear dimensions written in the sale deed. The expectation is that you would have raised objections against the transfer of Khata.

You could have filed a case and stopped the construction of midway by getting a stay order by the court. Since you have not mentioned anything about a court case or a stay, BBMP would have thought that you are not serious in your complaint.

It appears that you were lot more negligent in protecting your rights over the property than BBMP. You can still file a case and then demand a share on the property. If you insist on your share of land and not settle for some money, you will get a partial ownership of the building as well as part of the land would be yours.

[nanjundaiah]

Dear Tvsh,

Firstly Thank you for your time and reply.

1) We have already served notice to BBMP(by making them as one of the party) in the process of court stay. But none appeared in the court, and they are exparte now!
2) And the complaint is also given addressing BBMP commissioner.
3) The khata transfer is happened in haste and never brought to our notice.

After i came to know about the khata transfer i have filed a case in court and
at the same time i expect BBMP to take action on the complaint i gave which lists few here :
=> The missed documents during khata transfer (their is a clause in khata stating it can be cancelled if such legal issues crop)
=> Drinking water well belonging to public, is closed without permission ! Is this not offense and govt cant take action on this?

Knowing that i may take action,Cousin brother has seeked court for Caveat , Hence the stay is taking long time.
But my concern is , legally BBMP can stop construction by taking consideration of the compliant and proof of documents have given to them.

[tvsh]

I think with the caveat, your cousin brother can only complete the building. But cannot deny your rights on the property.

I think there is a procedure to have the dispute entered in the RTC of the land. Get this done, so that your cousin cannot sell the property to anyone else.

You have mentioned that the original sale deeds did not have Dimensions mentioned in the deed. Did the sale deed have the extents of the land ( ex: 2 acres 1 gunta) mentioned? Was the survey numbers mentioned in the sale deeds. Do the 2 sale deeds have different survey numbers or do they have the same survey numbers?

The revenue department have maps of the survey numbers going back to 1918. So if the sale deeds have the total extents clearly mentioned, then it is easy to prove that the 2 sale deeds were for 2 different properties and your cousin has encroached on yours or else it will be difficult to prove whether the 2 sales deeds are for different properties and the second sale deed is in deed valid.

[tvsh]

Dear Tvsh,


3) The khata transfer is happened in haste and never brought to our notice.

>>> They do not bring it to your notice as they are not aware of all the people (and contact details) having rights over a property. All they do is put a notice on the notice board in the village (VA or RI's office I guess) and wait for 30 days.

After i came to know about the khata transfer i have filed a case in court and

>>> Good, with the case, your cousin will find it difficult to dispose off the property, until the case is settled.

at the same time i expect BBMP to take action on the complaint i gave which lists few here :
=> The missed documents during khata transfer (their is a clause in khata stating it can be cancelled if such legal issues crop)

>>> This can only be done after the court verdict and only if the court decides that your cousin does not have the rights over the property. No BBMP official will take the chance of determining the rights based on sale deeds. They have a legal cell and they can do it, if they choose to, But wouldn't unless, you are well connected and can influence via someone that matters.

=> Drinking water well belonging to public, is closed without permission ! Is this not offense and govt cant take action on this?

>>> Not sure, if the well is in the private land, (though you say it was next to the land, your cousin might have encroached the land in question). The gov't will not act. They should at least do a survey and then protect their land, based on your complaint. The question is what would the gov't official responsible for doing it get? nothing for protecting the land and troubles if the land encroacher is well connected. So lakhs of acres of gov't land is encroached all over Karnataka.

Knowing that i may take action,Cousin brother has seeked court for Caveat , Hence the stay is taking long time.
But my concern is , legally BBMP can stop construction by taking consideration of the compliant and proof of documents have given to them.

>>> I think they would wait for the stay order and do not seem to be in a hurry. Vested interests drives every action of the gov't officials. Sadly, their jobs and benefits are guaranteed forever and have no incentive to do their work. Many times, things don't work, even when they are bribed, if you are not inclined to bribe, then there is nothing in store for you, other than frustration and delays. I am not encouraging you to bribe, but stating the reality in gov't offices. I stay as far away from them as possible.