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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?

- by Venketesh, Srirampuram

Khata is revenue record main┬Čtained by the municipal authorities in respect of a property standing in the name of a particular person for purposes of assessment and collection of property tax. As it is a secondary document, in the absence of primary documents like sale deed, gift, partition deed, release deed, will, grant, etc., It does not establish the title in its totality.

Khata Certificate is a certificate issued by the Municipal authority Office confirming that the Khata of a particular property stands in the name of particular person/s.
Khata Extract is the extract of the tax assessment register maintained at Municipal Office giving complete details of the property like area of the site, building, property tax levied, cess and total tax payable, name of the previous owner and the present owner.

Encumbrance Certificates are issued by sub-registrar offices for a specific period as required by the applicant. They contain the details of the property like survey no, house no, boundaries, and encumbrance like sale, gift, mortgage of the property if any which are registered at the said sub-registrar's office. They do not reflect the encumbrances 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:- What precaution should I take before purchase of a DC converted site? Is it advisable to purchase such a site?

Q:- The Khata of property which we own is still in the name of my father who has died five years ago. At present the property is jointly owned by my mother, me and my sister as per the Will made by my father. Tax paid receipts is issued in the name of my father. Their property is in Bangalore. Please advise the procedure for transfer of Khata in our names.  Can the Khata be in any one of our names?

Q:- About 6 years back I purchased a site from my neighbour with GPA reg., actually this is an agricultural land and he informed that he will convert it and make full registration within 2-3 years. However till date he could not do it and unfortunately last night he died of heart attack. I would like to know what will happen to my purchase of site through GPA Reg. Is it valid? (It has been reg. at sub reg. office) Can we claim the site?

Q:- I am planning to buy a site near electronic city. The layout is on agricultural land and the middle man has converted it into a layout. Now since the registration is not happening, he is asking to buy this land as an agricultural land. Can we go ahead with this offer? Please give us the implications of it.

Q:- Certain hidden facts like pending cases, prior agreements, and government notification of the property cannot be traced easily by verification of the documents. How can these hidden factors be uncovered and what should a purchaser do to protect himself against these factors? Also, your articles are very informative for a lay-person like me. Thank you very much.