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Could you briefly explain me about the difference between the Khata Certificate and Khata Extract and the  importance of Encumbrance Certificate?

- by K.S. Sheela Prasad, Gangenahalli

Katha Certificate is a certificate issued by the Municipal Office confirming that the Katha (account) of a particular property stands in the name of particular person/s as per their records. Katha Extract is the extract from the Tax Assessment register maintened at Municipal Office giving complete details of the property like area of the site, building, property tax, levies, cess and total tax payable, the name of the previous owner, and present owner, and present owner. 

Encumbrance certificate is one of the documents which would throw some light on the valid and marketable title of the vendor. Encumbrance certificates are issued by sub-registrar offices for a specific period as required by the applicant. They contain details of the property like survey no, house no, boundaries, and encumbrances like sale, gift, mortgage etc., if any created over  the property under a written document which is registered at the concerned Sub-registrar’s office. However, the Encumbrance Certificartes do not reflect the charges/encumbarances created  which are not registered.

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These are all the legal questions answered by Advocate S.Selvakumar in various magazines, in various occasion including realestate reporter monthly.

QUESTIONS

Q:- There are two houses in a compound. I am staying in the house which is behind my cousin's. To reach the road we have been using the passage that runs through my cousin's property for more than 25 years. He sold his property to another person without our knowledge and the new owner is obstructing our passage to the road. There is no other alternative route to the road. What shall we do?

Q:- Certain hidden facts like pending cases, prior agreements, government notification of the property cannot be traced easily by verification of the documents. How can these hidden factors be uncov¬ered, and what should a purchaser do to protect himself against these factors?

Q:- What is the procedure for Khata transfer and the actual cost to transfer the Khata. How do we know that the Khata transfer certificate is original?

Q:- I am not able to understand the difference between Khata Certificate and Khata Extract. Would you please enlighten me on this?  Could you also brief me about the importance of Encumbrance Certificate?

Q:- My son wants to purchase a plot near Horamavu, but on verification of CDP map, the plot was found to be in green belt area. I have been advised that non-agriculturist is not eligible to purchase agricultural lands. The present owner assures me that the problem can be solved by registering the land in Sq, fts. Instead of guntas. My father is a farmer. Many such transactions have taken place. Can my son purchase this land and construct a house. There are also chances of land being notified by BDA, in that case what are the consequences?