All of us who have purchased an Apartment in Bangalore, know that Khata Transfer is an important to-do to complete the set of official property documents. Khata Transfer is also important for paying the property tax and avoid incurring any fine for negligence. This article tries to compile more knowledge about Khata transfer in the context of Apartment bought from the builder.
What is a Khata / Khatha?
A Khata is an account of assessment of a property, recording details about the property such as size, location, built up area and so on for the purpose of payment of property tax. It is also a kind of identification of the person who is primarily liable for payment of property tax. It is one of the required documents in case you require a building license, trade license or loan from banks or any other financial institutions. (courtesy: propmart.com)
What is the process of Khata transfer?
BBMP (Bruhat Bangalore Mahanagara Palike) publishes a Khata Transfer Quick Reference guide at this link:
A friend from SunCity – Narayan Mundra who has completed the Khata Transfer process successfully (and without paying any ‘unofficial’ fees!) in the month of Dec-2008, reports the below:
The Khata Application form and the Khata Application Acknowledgment form can be downloaded from this link. Alternately, it can be purchased for Rs.20/- from the Citizen Service Centers.
Below are the property documents which must be attached along with the filled application form:
(i) Notarized Sale Deed
(ii) Paid up Betterment/Improvement Charges Receipt (collect this from the builder)
(iii) Latest paid up Property Tax Receipt (it is possible that you have been paying property tax after registration of your flat. In this case, you need two receipts (a) the latest receipt paid by you (b) the last receipt paid by the builder before registration)
(iv) Encumbrance Certificate (get this from the place where Sale Deed Registration took place)
(v) Occupancy Certificate (collect this from the builder)
(vi) Conversion Certificate (collect this from the builder)
In the Khata Transfer Reference BBMP mandates document number (i) – (iii) to be attached to the application form. However, certain panchayat offices require rest of the documents as well. It is advised that you collect all of them so as to have a complete set of your property documents.
The official Admin fee to be paid is 2% of the Stamp Duty payable by DD in favour of Commissioner, BBMP.
After the application is submitted you need to wait till a Khata Transfer Order arrives. You are informed once the order arrives, after which you need to make the payment of the property tax due and apply for the Khata Certificate and the Khata Extract.
Officially, the whole process should take 20 working days.
Note: Please do provide your inputs if you find the process significantly changed or if this article can be enriched further.
Amith
January 19th, 2009
Can someone help :
I have a completed self-construction of my house in bangalore. What is the procedure to obtain house number?
Also the apporoved plan and actual constructed plan is different, will that be an issue for getting house no.
Anju
January 28th, 2009
If your house is on a BDA land, please approach BDA. If it is on a corporation land, please approach the appropriate body.
Approved plan different from actual constructed plan – should not be a problem if handled apprpriately.
In most cases the house no. is same as the site/plot no. assigned by the authority.
San
March 12th, 2009
Posting a question regarding khata transfer that we received by email from Mr.Appa Rao, and as promptly answered by an ApartmentAdda.com user – Mr.C.K.Raja. Thanks to both of them.
Question: I PROPOSE TO BUY A FLAT FROM A PERSON WHO EARLIER PURCHASED IT FROM THE BUILDER. BUT SHE DOES NOT HAVE KHATHA IN HER NAME. THE KHATHA NUMBER IS NOT SUBDIVIDED TO/AMONG THE FLAT OWNERS. CAN I GO AHEAD IN THE DEAL? IF I WANT TO TRANSFER THE KHATHA FROM BUILDER TO MY PREVIOUS OWNER AND FROM HER TO MY NAME, WHAT WILL BE APPROXIMATE COST/EXPENSES ARE INVOLVED?
Answer: The re-registration will get done in the new buyers name. That is the property is then in the new buyers name. The khata will then be applied for with the new registration papers and will be issued in the new buyers name from the builder. The seller (current owner) will not be in the picture.
Had the current owner had a Khata already issued to her, then along with the new registration, a Khata “transfer” is done.
Anonymous
March 25th, 2009
Is the administrative fee for khata transfer:
2% of property value ?
or
2% of registration fee for registration of Sale Deed?
or
2% of stamp paper value (of the Sale Deed)?
The BBMP website says “2% of stamp paper value” But it does not say stamp paper for which document.(Any document can be executed on a stamp paper – for example Title Deed ). So I am guessing it is the Sale Deed. Please confirm
San
March 26th, 2009
@Anonymous: The fee is 2% of the *Stamp Duty* you paid while registering the property in your name. You can find this amount in your Sale Deed.
The stamp duty may have been paid as a DD/cash or as stamp paper, depending on the Karnataka Stamp Act amendments valid on the date of registration.
Sampath
April 17th, 2009
Good and helpful information. Thank you.
What is improvement charges receipt? I purchased apartment from a resident and not from a builder. Recently I paid property tax for this apartment.
San
April 20th, 2009
@Sampath: Glad you found the information useful.
Improvement or Betterment Charges must have been paid by the builder which is collected for a land that has undergone changes – converted from agricultural to residential / split into plots / local body control has changed etc. When the builder of an apartment complex hands over all the building documents (typically to the apartment owners’ association), betterment charges receipt is part of the documents.
Please find more information in this article from The Hindu:
http://www.hindu.com/2007/11/21/stories/2007112161100400.htm
Anonymous
May 4th, 2009
I am planning to buy an apartment. The seller has khata issued by NagaraSabha. Now the area has come under BBMP. The bank’s lawyer is asking that the seller transfer the khata to BBMP.
What are the fees that the seller has to pay to get “Suvarna Khata” in his name ?
Anonymous
May 10th, 2009
Occupancy certificate is believed to be a must eventhough, as per the above info it is not mandated by BBMP.Occupancy certificate is a certificate issued by BBMP that the building is built as per approved plan;otherwise the deviations from the approved plan are to be approved by the “Sakrama” process.Is occupancy certificate a must?Could San reconfirm this please?
San
May 10th, 2009
Hello Anonymous, as written in the post, and rightly stressed by you, the Occupancy Certificate is a must-have property document. However, for Khata Transfer in relation to the BBMP governing body, it is not mandated. Which means there are cases where Khata Transfer has happened without the Occupancy Certificate.
Thank you also for informing us of the definition of Occupation certificate, and the remedy of deviations. This is a blog by and for apartment owners/residents, it grows with inputs such as yours.
Rgds.
Raghu
May 15th, 2009
Hi ,
I have purchased a flat recently. And I am going to register this in my name thie week. Do I need to get the possession certificate from the builder at the time of registration?
Also, Do I need to get the Khata transfered to my name?
San
May 18th, 2009
@Raghu: Yes for both your questions. TYpically the builder provides copy of possession certificate even before registration, as this is required to apply for bank loan, also for your own verification of the property history.
In large apartments, Khata Transfer usually happens months/yrs after registration. If your apartment complex has formed an association, then individual khata transfer may happen only after builder hands over all original property documents to the association. You can then take copy of these documents for the Khata Transfer.
Prabhu
July 3rd, 2009
I want to apply for the Khata for my apartment. One of the document is notarised sale deed. Now, the original sale deed is with the bank where I have the loan. Anyone has any idea how a notarised copy of the sale deed can be obtained?
Jayesh Poria
July 4th, 2009
Hi,
I have purchased an apartment in Bangalore and I am going to register the same on my name. For my apartment complex builder has not purchased the land but instead 52 land owner agreed with builder to construct a residential complex and each land owner get N number of flats.
Now builder is asking me to pay the Betterment charges for Khata transfer.
I am not clear whether I should pay the betterment charges or not.
Also if I need to pay can any one tell me how betterment charges are calculated for apartment.
Regards,
Jayesh
San
July 9th, 2009
@Prabhu: I can’t think of any other option than approaching the bank to get a copy of the sale deed which you can get notarized. I hope you have a friendly bank officer dealing with your loan and you can get this done with ease.
@Jayesh Poria: Currently BBMP is not collecting Betterment Charges due to legal complications yet to be heard and cleared by the court. I quote from a recent Hindu article: “the BBMP will have to issue the Khatha after collecting the municipal taxes due and without collecting betterment charges.”
You can read the complete article at this link: http://www.thehindu.com/2009/06/27/stories/2009062752530300.htm
Akash Shah
July 11th, 2009
Hi,
I have purchased an apartment in BTM Layout for which there was an agreement between the builder and land owner. There is a BBMP Khata for vacant land in the name of land owner.
Now I want to get a khata for my flat but I am not getting co-operation from the builder. And since I dont have Khata, I am unable to pay property tax for my apartment.
Given this situation, of all the required documents listed above in article I only have sale deed registered in my name. Can I apply to get Khata for my flat with only sale deed and tax paid receipt (assuming I pay up property tax with the form for the properties which do not have khata) ?
Or for apartments only land owner/builder can do split of Khata for individual flat ?
Sucha
August 4th, 2009
Thanks for the info which is immensely helpful to new home buyers. Even if we are not all crusaders, at least, knowledge is power.
I need some clarifications relating to New Apartments:
The Khata will be for X sq ft of super-built area , will it also mention Undivided share of land ?
There is a lot of confusion over the Appearance of Khata Extraxt , Certificate and actual Khata.
Because new home owners are in the dark, some builders are passing off Khata extract as actual Khata.
Please advise on how to recognize them apart ( by entries/ Form numbers, “19/ 20″ Khata, etc.
Finally, is the Khata necessary for BESCOM meter transfer or Sale-Deed and Consent letter from Biulder is sufficient ?
Thank you.
vswaminathan
August 19th, 2009
In today’s Times of India there is a report on the revised guidelines for registering deeds of transfer of apartments, simplifying and easing inter alia the requirement of Khata as at present. Good! However, the revised guidelines do not seem to be as yet available in public domain. Deplorable!
vswaminathan
san
August 19th, 2009
@vswaminathan: Thank you for the timely information. We have also posted an article on this piece of information today.
san
August 19th, 2009
@Sucha: Here’s some information on the appearance of Khata documents – The BBMP khata certificate will have “Certificate” clearly written on it. It will be a single page with information written in Kannada as well as English: “Certificate that the khata of Property no. xxxx in xxxx Ward No. xxxx Bangalore, stands in the name of smt/sri xxxx in the register of this office.
The BBMP Khata extract is also one pager but with 29 columns holding various information about the property.
G.T.Jacob
September 3rd, 2009
My experience with BMP for having a Khata certificate for a resold apartment was that I didn’t have to pay any bribe or inducement after having submitted copy of Sale Deed and latest tax paid receipt along with the application duly filled in. But, it took more than ayear to receive the certificate, reason being that I was posted outstation and couldnot follow up , personally at Mayo hall , where I applied for the Khata.
Who says nothing can work without bribe in BMP (now, BBMP ) ?
vswaminathan
September 4th, 2009
THE NEWS column in today’s (3rd September) TOI, titled – Newly added area? No home loan – is highly disparaging and disgusting!
An old saying (as crudely recalled): Even should ‘god’ be willing, nothing can transpire- WITHOUT THE egoistic but more powerful POOJARI’s, – CONCURRENCE/CONSENT!!
Another old saying, which needs to be rewritten: Man proposes, God accepts, but omnipotent ‘Poojari’ disposes.
The MOST MISERABLE FACT OF LIFE IS THAT, – THERE ARE TOO MANY POOJARIs AROUND TO MUDDLE THE SCENARIO IN ANY WALK OF LIFE, AND TO MAKE IT TOO DIFFICULT FOR THE SO CALLED – COMMON MAN, ONE WHO STILL BELIEVES IN IDEALS/ GOOD PRINCIPLES, VALUES, VIRTUES, ETHICS, ETC. AT THAT, SO AS TO LIVE/SURVIVE AT PEACE WITH HIMSELF!!!
POSER: Are not all those long talks one is presently destined to hear, day in and day out, on – transparency, accountability, last but not least – fight against corruption, … so on and so forth, after all shallow, insincere, profoundly hypocritical and empty rhetoric ????
vswaminathan
san
September 4th, 2009
@GTJacob: That is heartening to know, thank you for sharing. It seems like if we are not in any hurry to get the Khata, bribe is avoidable. Even if we are in a hurry, it must not be expressed to the authorities
Dhanya
October 27th, 2009
Hi,
I hv bought an apartment in bangalore. going to register my property next month. i hv taken loan from bank of baroda. we have started paying full EMI. when my husband enquired in his office of getting benifit for home loan, account section is asking for occupancy certificate. Since, the construction of other blocks are going on builder said that he will give possession certificate, but not the occupancy certificate. can i go head with registration of property and starting staying there with possession certificate and sale deed?? i know OC is imp, but can i do something to get OC before builder complete the project??Pl advice
Sridhar
October 29th, 2009
Hi,
I have purchased a land in north bangalore (Gramtana). and paid the money in the form of cheque to the developera and got registered. in my name.
Can I obtain a cash receipt (in the form of agreement from the builder) for cash paid towards purchasing the land, khata transfer and registeration fees.
Please advice.
Sridhar
Bangalore
san
November 2nd, 2009
@Dhanya: Occupancy Certificate (relevant to Karnataka) is issued by the Town Planning Authority of BBMP office after the completion of the multi-storied building and after verifying whether the construction is in order in terms of the sanctioned plan and there are no deviation.
As far as registration of property is concerned the sub-registrar don’t insist for the production of occupancy certificate for registration of any apartment. Individually for apartment owners the occupancy certificate is not granted but for the entire building after completion of the construction of the building the occupancy certificate is granted.
For legal opinion specific to individual situations regarding Occupancy Certificate, please contact support@apartmentadda.com. You may have to furnish the documents provided by your Vendor to give opinion and the procedure for follow up action.
-By ApartmentAdda Legal Advisors.
Charu
November 5th, 2009
I have purchased a flat in bangalore and my friend also purchased in the same apartment. so next week we are planning to do registration in our name. but for khatha transfer is concern, my builder told us to go with building association to transfer in group inorder to get our individual khatha transfer easily. So shall we wait as per builder information or can we go separately to get it done for our flat alone.
Then one more query, what are all the document we have to ask our builder after registration. Please advice us
Gori
November 13th, 2009
I have purchased a flat near electronic city and the registration is over.I want to apply for khata for which I am given to understand that occupancy certificateis a must.Our builder refused to issue the occupancy certificate inspite of repeated request by all the flat owners.The apartment is a new one and association has not been formed.Can you please guide me and inform me what options are left to obtain the same from the builder?
Vijay
December 9th, 2009
Can you provide any person who will take care of this katha transfer work? How much will they charge???
Apparao
January 6th, 2010
Mr.Vijay,
You can meet the concerned BBMP RI with all the documents available with you. he can help in this matter through his sub-ordinated. No need to approach any third party.
Pooja
January 18th, 2010
URGENT!!!!!!!!!
Hello Sir,
I have purchased a flat in Venkatadri layout, JP Nagar 7th phase in 2008, but still i have not got the khata for the same. Can anyone please tell me as an individual how much will it cost me including bribes, if i go and apply for khata myself and how much time will it take. Also, our apartment has some deviations in the plan, will it be difficult to get khata in that case?
Thanks,
Pooja
san
January 18th, 2010
Hello Pooja, a friend who had obtained Khata by himself had devoted 3 weeks to get the paperwork done and 2-3 workdays at the panchayat office (relevant to his case). Of course, the time required will vary depending on individual cases (common khata availability, occupancy certificate avlblty etc.). Also, there are no published bribe rates
The friend mentioned did not pay bribe, yet to find out what his total cost was.
In another case, where residents have applied for Khata through the Association, taking the help of a Law Firm, the total cost per khata was Rs.10,000. This exercise had included first obtaining Common Khata for the Land (CMC Khata to BBMP Khata conversion) and then obtaining individual Khatas.
If you would like to seek legal advice/assistance for Khata Transfer, you may place your request here.
Pooja
January 18th, 2010
Thanks alot San…
devan
January 23rd, 2010
Hi My property comes under byatarayanapura BBMP area betterment charges paid, plan approved by CMC , tax uptodate paid i got BBMP khatha also. My question is what is conversion where should i get ? whether my property required anymore documents? please answer for public interest
san
January 26th, 2010
Devan: Typically, ‘conversion’ refers to converting a CMC/panchayat land to BBMP. Seems like your property is already under BBMP as you have the BBMP Khata. You may consider consulting a Property lawyer who can verify all details of your Property to guide you if any further Documents may be required for your specific purpose.
Avinash
February 18th, 2010
I’ve signed an agreement for a 2BHK flat, the plan of which is approved by Gram Panchayat. The builder has a DC conversion challan and a BBMP property tax receipt which also has the Khata no. He hasn’t paid the betterment charges as he was waiting ofr sakrama process to take effect.Due to this problem, I am not getting any loan from the bank. Please suggest whether I should go for the property thinking it can be regularised in future after sakrama law. Or this is a risk and I should not go ahead buying the property.Please advise thanks
Sheela
March 4th, 2010
I got it done through a broker for a fee of Rs.10000(includes bribe) excluding the khata fee. The service was prompt.
Meena
March 11th, 2010
We have decided to buy a apt for resale from a person who bought it from the builder. Subsequently, the builder and the land owner had a legal battle. This apt was not occupied by the current owner and now, he tells us that he is trying to get the khata for the apt but it is getting delayed (more than a couple of months now since the price was discussed and decided. No money was paid or any agreement made on paper) due to the fight going on. Do you think this could be a valid reason or is the seller delaying the deal close?
Praveen
March 21st, 2010
Hello,
I want to build a house on site owned by my mother. If I want to get house loan, the property must be registered in my name. Is this correct ? Is yes, then is it possible to have the property jointly registered between my mother and me. Does this involve a khata transfer ?
Rex
March 29th, 2010
Nice blog.
My builder made an agreemtn with orginal land loard to build apartments (7 owned by builder and 7 by lardord). I’ve purchased one flat from the builder. Now regarding Khata transfer I’ve a the following queries:
Can i go ahead and get Khata transfer done for my flat or all builders flat Khata need to be done at the same time (my builder says so)
Are there different Khatas (E.g. sub kahata, where we will not have full rights on the land but just on teh flat)
Any difference in Kahata if we buy flat from builder or land owner.
Do orginal landowner has any additional rights in the land (she still holds 7 flats – 50%)
Regards
Rex
S M RAO
April 22nd, 2010
I am looking to buy a flat that is constructed in a 2400 sqft plot in a BDA approved private layout in Electronic city. Now this layout is in BBMP limts.
The builder constructed the apartment with 4 floors (G+3 floors) in 2400 sqft plot after taking the panchayat khata, eventhough they have a BDA khata.
Is it valid to take panchayat kahat even having BDA khata or BBMP khata? If it is valid, to whom we need to pay the tax? How many floors can be constructed with panchayat khata and panchayat plan?
Is it legal to buy flats in this type of apartments? After buying the flat, can I get the panchayat khata or BBMP khata?
Please advise.
Please advise.
Subramanian
April 27th, 2010
Hi Sheela,
Can you pls provide the details of the agent. Also can you pls confirm if you got the Khata document or any substitute documment (Form B).
Thanks,
pk
May 4th, 2010
Hi,
builder has one bug chunk of land (40000 sq ft) which he has BBMP khata, now he wants to cut this land into 10 plot and sell it to individuals.
since the layout is not approved will there be any issue due to this ?
rgds
pk
Jagdish Rao
May 12th, 2010
Hi,
I have taken an apartment at Uttarahalli. Since it was a revenue site, I got the Khata transferred in my name. Now the area is notified by the Govt. to be included under the corporation. We are yet to see any communication though in this regard.
From the discussions above, I understand that to make a khata now in my name under the corporation, this would be Khata Registration. Correct me if I am wrong.
Further, I took help of the same person who had arranged for my earlier khata transfer. He says it will be Rs 18,000/- Is it justified ?
What would happen if I delay this process by a year or two ?
Thanks in advance,
Regards
Jagdish
sunil
May 31st, 2010
Hi,
I have decided to purchase a second hand flat in Hosakerehalli. The flat was constructed in 2001 and the plan approved by Gram Panchayat. The flat is G+6 floor. The flat that i have seen is at fifith Floor. My question is :
Is the Flat Legal as I came to know that the gram panchayat can approve only for G+3?
Banks are not funding loan as it is in Fifth Floor and gram panchayat cant approve?
The tax has been paid to BBMP, Khata is also there in owner name, Betterment charges paid still why banks are refusing.
Pls help.
shiva
June 24th, 2010
I completed construction of my house out of my own funds….do I need to get a completion certificate or any other certificate from BBMP/BDA?…the house plan was approved by BDA and our area was later handed over to BBMP.