Overview

A Khata, in Hindi, means account. A Khata in terms of property stands for an account of a property. This account or assessment contains details about the property like size, location, area, built up area, etc.

These details in Khata help in the recognition of the person who is liable for the payment of property tax. However, a person’s name in the Khata does not imply that the person might be the owner of the property. The name signifies the person who is responsible for paying tax for that property.

Why is Khata Important?

Khata is of utmost importance when selling a property, performing any sort of property trade, obtaining a loan on a property as well as paying property tax. There are two types of Khata commonly known as ‘A Khata’ and ‘B Khata’.

Who are eligible for obtaining Khata?

All property owners owning a property within city (e.g BBMP in Bengaluru) limits are eligible for owning Khata. Any person who may or may not be the owner of the property can pay property tax. However, Khata becomes necessary only when such a person tries to avail loan on the property or tries to trade the property.

What is the difference between ‘A Khata’ and ‘B Khata’?

Properties listed as ‘A Khata’ come under the BBMP jurisdiction. These properties meet all the requirements stated by BBMP. However, those properties that have been constructed either on agricultural land or against the specifications (might not have received occupancy certificate or completion certificate) are entered along with the Property Identification Number (PID) into ‘B Register’. Such properties are said to have ‘B Khata’. These properties are issued ‘B Khata’ solely for the purpose of property tax payment. Properties registered under ‘B Khata’ have some disadvantages which include being unable to apply for bank loans. However, it is possible to convert ‘B Khata’ to ‘A Khata’. This conversion can be done after the irregularity/problem with the property has been fixed by paying a fee which is commonly known as ‘Betterment Charges’ or under Akrama Sakrama Scheme along with appropriate documentation. This conversion allows owners to avail bank loans on such properties.

Registration of B Khata

Based on a recent ruling in November 2013, properties within BBMP jurisdiction that do not meet the required guidelines and would have been earlier registered in the ‘B Register’ can now be issued ‘B Khata’ .These buildings can also be legally provided water, electricity and drainage facility. This allows the re-sale of ‘B Khata’ properties and makes it easier for owners of ‘B Khata’ properties to apply for bank loans. However, these ‘B Khata’ will be issued only to existing properties/buildings.

Registration of ‘A Khata’

This document is required for any property sale or purchase within the BBMP limits. This document is available in a computerized format and contains the municipal number of the property concerned, the name of the person who is responsible for the payment of the property tax, and the property Identification Number (PID No.). The Khata certificate is required for property registration in case of a new property and when performing Khata transfer during sale of the property. Khata certificate is considered to be the secondary document of title. The primary document of title include the sale deed, the title deed, partition deed, etc. The presence of the Khata certificate in addition to the primary documents enforces the proof that the Khata owner or the Khathedar is the owner of the property. Khata certificate is also issued by BDA in case the property comes within BDA limits or by Panchayats in case the property comes within panchayat limits. This certificate becomes especially necessary when problems occur in the court of law regarding ownership of the property.

How to get Khata Certificate?

In order to get the Khata Certificate, the owner needs to submit a letter along with the latest property tax receipts and the above mentioned documents to an Assistant office for the sub-division or range. Generally within Bangalore limits, these offices are open between 10 am and 1:30 pm as well as between 2:30 pm and 5:30 pm on all working days. The fee for the certificate is Rs 25/- per property. However, the unofficial reported cost of obtaining Khata certificate ranges from Rs. 5,000 to Rs. 25,000. Only after paying all pending property tax on the property, can the certificate be obtained.

This certificate is required for applying for water connection and electricity connection or for obtaining any form of commercial license. This certificate will be given only to the property owner or his/her family members. No other person can avail the Khata on behalf of the owner. It takes around 1 week to get the Khata certificate. However, if one needs it urgently, then one can obtain it instantly in some citizen service centers.

How to transfer Khata?

In case the owner of a property passes away, then the BBMP must be informed within 1 year. However, in case a property is sold, then the buyer and the seller must ensure that the Khata is transferred within 3 months of the transaction. The steps to transfer Khata are listed below.

    Obtain a notarized copy of your sale deed. This can be issued by any notary in the city for a maximum charge of Rs. 200/.
    Fill in the Khata registration form. Note that this form is the same for Khata registration, transfer and modification. It is also available on BBMP official site
    Submit your tax payment receipts and Khata details in encumbrance certificate (EC).
    Carry along any receipt for improvement charges paid
    Carry along national savings certificate which is available for just Rs. 200/-.
    If a buyer needs further help for obtaining Khata, he/she can purchase the Sarala Khata book made available by BBMP for Rs. 20/-.
    Khata is transferred approximately 30 days after the application and the proofs have been submitted.

Name : Advocate SURJYA KUMAR BORAH

Law Firm Name : The Bright Law Associates

Country : India

City : Lakhimpur

State : ASSAM

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