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Interesting. My understanding is that you can adjust the stamp duty paid towards the sale agreement (0.1% of sale consideration), the initial agreement with everyone involved with the terms of the proposed sale transaction. In fact this I can confirm, cause I did make use of this and I did get this 0.1% adjusted in the stamp duty to be paid for sale deed registration.



There was a note in the sale deed (this gets added during the registration process) about the sub registrar verifying the original document (sale agreement) where the stamp duty was paid.

I am not sure of the MODT charges being adjusted, I couldn't find any such reference either. I am happy to be corrected, although I'll be a bit sad that I didn't get it adjusted in my case. But then I paid only 0.2% stamp duty (plus 0.1% for registration) and not 0.5% :D

I can probably shed some light on this as I did go through something very similar in 2023.

The sale agreement would need to be a tripartite agreement involving the buyer, seller and the builder. The terms of the proposed transaction would need to be clearly defined here, how much to be paid to the builder, how much to the seller, and also reference the sale agreement the seller and builder had made in the past. At the time of sale deed registration, the seller should also be present as a consenting witness (his/her biometrics will also be captured and recorded in the sale deed) to prevent any later claims by the seller referencing the initial sale agreement.

Till here, things are straight forward in my opinion. The tricky part is with respect to TDS which is applicable for all property sale transactions above 50L. Now, for an NRI as per the rules, the TDS to be deducted is 20% plus surcharges if any unless he/she gets a lower TDS deduction certificate from the income tax assessing officer. And to deduct TDS for an NRI, as per rules you need a TAN as well.

The second tricky part is whether the seller has already deducted and paid TDS towards the builder or not. Most likely they might not have done so as the property is not registered yet. So now the builder would want TDS deducted and paid towards their PAN for the consideration the seller had paid them. If the seller does this now, and gives the accurate dates, there would be lot of penalties as the time period for making the payment is 30 days or so.

This is a grey area, and it is best to consult a tax professional to understand this better.

At minimum, you would need to ask for the copy of the sale agreement between the seller and the builder. You would also need a confirmation from the builder that all dues are paid by the seller and there is nothing due from you with respect to maintenance or amenities related fees etc. Apartment not being registered does not prevent it from having property tax if the OC is issued. Once the OC is issued, the property taxes become due each year, in my case, the seller cleared all previous dues and shared the receipt.

Are you sure about it? I believe guideline values which were lowered sometime ago (worst move IMO) in previous regime were raised back (increased) and so the registration fee was reduced from 4% to 2% last year. Stamp duty was left untouched at 7%. In total, I guess it is 9% now from earlier 11%.

The apartment is completed and possession handed over to the seller. I have asked for the possession letter copy here.

This could be the tricky part as the NRI may probably give the POA to someone in India for the transaction. I am yet to get any details on this. Plus when the possession was handed over to the seller he was still in India post which he moved to offshore. I was told by the builder that the entire family is moving to outside India.

As told above, the person was not an NRI when the possession was handed. Plus the TDS is applicable only when the asset goes for registration. But thanks, will get the details of the TDS payments done

The entire transaction is happening through the builder Escrow account. Me depositing the sale value and amount being transferred to seller will all happen through this escrow account only.

I am checking this with the lawyer if the same can be done during the due diligence of the property documents.

As per my understanding property tax payment onus on the buyer comes only when the property gets registered, correct me if I am wrong. Till the registration part, the builder is liable to pay any tax applicable.

As per my understanding, TDS has to be deposited by the buyer within 10( or maybe 30) days from the date the payment is made to the seller. So if the buyer has paid the builder in multiple installments, he should have deposited the TDS. There are large penalties that get accumulated if the TDS is not deposited on time. Although the validation of the TDS is done only at the time of registration if I am not mistaken.

I think this is still fine, but the PoA might need to explicitly reference the original sale agreement and should give the PoA holder the rights pertaining to this property.

Exactly this, the TDS is due at the time of each payment, and has no direct relation to whether the property is registered or not. Say the seller in this case had to pay 10L to the builder, he/she is supposed to deducted TDS and pay the builder only the balance, also deposit the deducted TDS within 30 days from the end of the month in which the deduction is made.

So if the seller has not deducted and paid the TDS, as per rules he/she is a defaulter. And the fines + interest as @Rajeevraj mentioned is pretty high.

Actually no, in this case the property seems to be ready for possession and registration, it is the seller who is delaying the registration as he/she is now planning to sell the property and wouldn't want to bear the registration costs, so it is kept on hold at the seller's request.

The builder's responsibility would end at the time the property was ready for possession and handover.

My apologies! I hadn't checked the status of Guideline Values after the Madras HC had nullified the G.O. increasing it last year. So, I assumed the Stamp Duty + Registration Charges continued to be 11%.

But according to this news report from Aug 2024, the SC has set aside the Madras HC order and allowed the increase.

https://timesofindia.indiatimes.com/.../112300270.cms

I checked the IG of Regn website and found the new charges to be Stamp Duty @ 7% and Regn. Charges @ 1% of property value respectively. So, it seems to be total of 8% of property value.

https://tnregipayment.gov.in/regnepay/DutyFees.jsp

There seems to be some uncertainty here. Best to check with concerned SRO.

Has anyone recently applied and got the eKhatha in Bangalore?

I was able to down the draft eKhatha and noted the EPID Number (https://bbmpeaasthi.karnataka.gov.in/citizen_core/)

Created an Account in https://eaasthi.karnataka.gov.in/ website and trying to get the various details that they need.

Believe we need to provide PID, Sale Deed Regn No, Property Tax Application No, EC, GPS Coordinates and Picture of the property

Here are the steps I am thinking:

I have the PID, Property Tax Application No & Sale Deed Regn. Number

EC - Apply online at Kaveri 2.0, https://kaveri.karnataka.gov.in/landing-page
Yet to apply for EC as they expect EC to be not older than 7 days - so want to ensure I have all other details before I get the EC.

GPS - From Google Maps: Is that sufficient?
Picture: If it is an Apartment Complex should we put a Picture of the Front Face of the Apartment? Any guidelines would be helpful

Let me know any other steps I am maybe missing.

As per the news today EC is no longer needed.

There seems to be multiple issues with the website and process itself.

https://www.deccanherald.com/india/k...-khata-3249801

Hey, a friend has created and posted the steps here for e-khata:

https://zencitizen.in/2024/10/04/wha...ing-an-ekhata/

Do check out. And yeah, the EC requirement was done away with but not sure it was removed from the site. My own draft is yet to be available.

Yes, I had applied couple of days back, I wasn't in a hurry to get the eKhata or anything, but was just curious to try out the process.

In my case, I don't know if its cause I started the application flow prior to EC being made unnecessary, but I couldn't proceed without entering the EC number. In my case, the registration was only a year back, so EC wasn't that expensive, just Rs 50 or so.

However, one issue for me was the draft eKhata showed the previous owner's name (builder in my case), my khata transfer was done in late December 2023, and I have the physical handwritten khata and khata extract showing my name. However the draft, and image of the corresponding page in the A register (available on the site) shows the old owner's name, I am guessing that the digitization of those pages were done prior to my khata transfer being processed. When I searched with the builder's name, I could see other flats also still showing the builder's name instead of the current owner. Perhaps the transfers done in the last 1-1.5 years is not reflecting in the current online status in my area, could be different in other areas.
Interestingly, the tax receipt does have my name as I had got it updated post khata transfer.

Anyway I proceeded with the application flow online and esigned with my Aadhaar, but as it doesn't match the records shown online, it was tagged as New Owner and forwarded to the ARO for manual review. It's been about 5 days now, there is no change in the online status. Since I am not in a hurry for any sale transactions, I'll wait and see whether this is truly faceless as claimed. Not planning to visit the ARO for follow-up.

Yes, this is fine.

From what I read, it is the picture of the apartment complex with all towers visible (as possible, may not be practical for all apartment societies), at least that's what I uploaded. Initially I thought I will merge the flat's entrance and the apartment complex picture as a single image file and upload. But then there is a 500 kb file size limit, and I didn't want to keep tweaking the image to get it under the limit, also only one image could be uploaded.

The application flow also asks for proof for A khata, though the documentation for it is not mandatory. You do have the option to select "Do not have it" or something along those lines. However, I did upload the occupancy certificate and my existing khata/khata extract.

Are you in touch with your friends who has booked here and know about how the development is progressing? A friend of mine is exploring this project and hence trying to get some updates from wherever possible. Also the developer is claiming that the project is BDA approved? Is that so, do you know?

Bengaluru folks, any feedback on Brigade Sanctuary project?

Thinking of some investment there. Any suggestions/ comments welcome :)

I am at this stage of the process, there are about 5 options to choose from to upload document. I have the OC and the Khata Extract, which option is to be selected to upload this document?

In my case, Form A was pre-selected, and it gave a drop down to select the criteria for A khata. I selected Approved Plan (the actual option is a bit longer, I missed taking a screenshot). On selecting this, it gave an option to upload two documents (Approved Plan and one more), you could either upload them or select Do not have it. I uploaded the OC for the first one and khata & khata extract for the second one. They don't specifically ask for the khata docs, but I just uploaded it as that was the only place where I could upload a document.

There has been no change in the status of my application since Oct 28, it just says "AVAILABLE IN ()", not sure what that even means.

Development progress is good. They are satisfied.

BDA approval? No idea but the sales agent claimed everything is by the book and all approvals are in place.