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 who has pursued the Khata Transfer process successfully 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.
Moving to kvrlogs.blogspot.in
7 years ago
Can someone help :
ReplyDeleteI 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.
If your house is on a BDA land, please approach BDA. If it is on a corporation land, please approach the appropriate body.
ReplyDeleteApproved 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.
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.
ReplyDeleteQuestion: 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.
Is the administrative fee for khata transfer:
ReplyDelete2% 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
@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.
ReplyDeleteThe 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.
Good and helpful information. Thank you.
ReplyDeleteWhat is improvement charges receipt? I purchased apartment from a resident and not from a builder. Recently I paid property tax for this apartment.
@Sampath: Glad you found the information useful.
ReplyDeleteImprovement 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
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.
ReplyDeleteWhat are the fees that the seller has to pay to get "Suvarna Khata" in his name ?
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?
ReplyDeleteHello 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.
ReplyDeleteThank 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.
Hi ,
ReplyDeleteI 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?
@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.
ReplyDeleteIn 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.
Hi All,
ReplyDeleteWe can help you out people who are in a need of getting a Khata Done intheir names after registration and even we are in the field of Property, If any one intrested to get register the Apartments, Lands, Sites, Houses in Bangalore, please contact Mr. Nagendra AS (9164001353). we work with deadlines, with reasinable costs.
Thanks
NSKV Law Associates
Bangalore
wow..the information provided in this blog is very useful. Please help me a little more..I have recently purchased a flat from owner's share in an apartment building. I want to do Khata transfer. Kindly tell which office of BBMP should i go for Khata transfer. My flat comes under Byrasandra C.V.Ramannagar East zone.
ReplyDeleteKindly reply..
I have a apartment that I bought from builder and it has been registered in my name for nearly a year now. However the khata transfer is still pending. I want to sell the apartment. Can I go ahead sell it and leave it to the buyer to directly do the khata transfer in his / her name?OR do I have to get the khata transfer in my name first, do the sale deed, and then the buyer again does the khata transfer?
ReplyDeleteI heard now for any new apartment registaration BBMP has mandated that the builder holds the land khata in his name..Is it true..
ReplyDeleteAlso i have a apartment registered in my name..I was told i can sell only if i get khata or even for reapplying the loan with a different bank.
Is this the case,or i can sell the apartment,even w/o the khata not trasfered to my name by the builder
I want to buy a land from an individual owner. what is the total money I need to pay for Khata Transfer, is it stil 2%. The original owner did the khata registration when he bought it originally.
ReplyDeleteI have 2 adjacent flats for which there is a single sale deed and single katha. I want to sell one of the flats. What do i need to do?
ReplyDeleteI heard that Occupancy Certificate is a mandate document for Khata transfer? This rule is introduced just 1-2 months back.
ReplyDeleteI also got to know that many builders doesn't provide the OC 'coz of the high cost. Is it true? How often you ppl hear the builder having given the OC?
Hi All,
ReplyDeleteI got misgiuded by an officer in the property dept. For khata transfer he told us to make a dd for the amount of 2% of the "sale amt" and not the "stamp duty". I have infact submitted all the papers along with the dd a month back and yesterday got a call from the inspection officer. He still has the dd with him.
how can i get my money back?
pls help,
My builder is giving us a goose chase with the OC and the Khata documents. Can anyone throw some light on the below:
ReplyDelete- Is OC and Khata linked?
- why would the builder delay in getting the OC done?
- How can we as owners do anything to get the OC soon?
Please see the below link for Occupancy Certificate related questions. Please see the comment posted on November-2 :http://apartmentadda.com/blog/2009/01/07/khata-transfer-what-and-how/comment-page-1/#comment-715
ReplyDeleteplease help. i purchased newly constructed house from builder in apr 2006. i have been paying property tax. i discovered that my lawyer neglected to initiate khata transfer from builder's name to my name.
ReplyDeletei hope i can still do the khata transfer now? i read somewhere that it must be done within 3 mths of the sale?
Hi , Im planning to buy an apartment. The builder is charging 2% as transfer fee. Can anyone help me in understanding what exactly thi s transfer fee is for ?.
ReplyDeleteHi,
ReplyDeleteI 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. We are also yet to get notice to pay the betterment charges. I have paid the property tax for 2008-09, 2009-10 and 2010-11.
I understand that to make a khata now in my name under the corporation, this would be called as 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
Hello
ReplyDeleteI purchased a flat in bangalore,and still yet to get the khata transfer done.Further there is no association still formed.Its almot 2 years that I have been staying in this flat.Further property tax is being paid without the khata,and BBMP officials have not objected till now.However I am worried that some day they would come for inspection,and find that khata transfer has still not be done .The story is the same for all owners of our flat.
When I approached one lawyer,I was told that khata transfer cannot be done unless the apartment forms an association.Now I am at a fix how to proceed for khata tranfer of my flat.Further I want to sell of my flat,as I would be moving permanantly out of bangalore.Any advise/guidance is welcome..
Thanks and regards
Buildings not having occupancy certificate or having deviations beyond legally allowed limits are illegal, not marketable, and not free of charges:
ReplyDeleteBANGALORE MAHANAGARA PALIKE BUILDING BYE-LAWS 2003
http://www.spaenvis.nic.in/pdfs/Byelaws/Bangalore-Building-Byelaws.pdf
5.7 Occupancy or letting of the new buildings -
No person shall occupy or allow any other person to occupy any new building or part of a new building for any purpose whatsoever until occupancy certificate to such buildings or part thereof has been granted by an officer authorised to give such certificate if in his opinion in every respect the building is completed according to the sanctioned plans and fit for the use for which it is erected.
The Authority may in exceptional cases (after recording reasons) allow partial occupancy for different floors of a building .
6.0 Deviations during Construction
i) Wherever any construction is in violation/deviation of the sanctioned plan, the
Commissioner may, if he considers that the violations / deviations are within 5% of (1) the set back to be provided around the building, (2) plot coverage (3) floor area ratio and (4) height of the building and that the demolition under chapter XV of the Act is not feasible without affecting structural stability, he may regularise such violations/deviations after recording detailed reasons for the same.
ii) Violation/deviation as at 6.0 (i) above may be regularised only after sanctioning the modified plan recording thereon the violations/deviations and after the levy of fee
prescribed by the Corporation from time to time.
iii) Regularisation of violations / deviations under this provision are not applicable to the buildings which are constructed without obtaining any sanctioned plan whatsoever and also the violations / deviations which are made inspite of the same being specifically deleted or rejected in the sanctioned plan.
RESERVE BANK OF INDIA DIRECTIVE
RBI - Master Circular On Housing Finance can be downloaded from RBI directy at:
http://rbidocs.rbi.org.in/rdocs/notification/PDFs/85444.pdf
Instructions for the bank:
B. i) In cases where the applicant approaches the bank/FIs for a credit facility to purchase the built up house/flat, it should be mandatory for him to declare by way of an affidavitcum-undertaking that the built up property has been constructed as per the sanctioned plan and/or building bye-laws and as far as possible has a completion certificate also.
ii) An Architect appointed by the bank must also certify before disbursement of the loan that the built up property is strictly as per sanctioned plan and/or building bye-laws.
i am planning to buy a flat. The apartment is newly built under joint development between owner of the land and the developer. Iam buying the apartment from the owner. I checked up the sanctioned plan and found that he has shown only 1 BHK in the plan where as the actual built up is 2 BHK. I see that there is a violation and when i spoke to developer he also agrees that there is a violation and it is practically not possible to construct exactly as per sanctioned plan. What do you suggest ? should i buy the apartment? what are the complication / legal actions i may face in future for registration / khata / even selling later on. pls suggest
ReplyDeleteNaveen
I have purchased a flat in Horamavu,Bangalore and it is under construction.It will get completed in June.Now builder is hurrying me to have the registation of flat asap .He said that the registartion charges will be higher from April 1 2011.Is this true?
ReplyDeleteI AM NIRMALA,
ReplyDeleteWe have bought 1 apartment in last year under construction, now property is due for registration which is bbmp land(Basically societys' land, now the builder has constructed the apartment which is slightly different from the approved plan of bbmp, now he is saying he will not apply for occupancy certifcate, and he is saying there are not OC done during 2008-2011 and asking us to register and we are not interested in registering. what to do?
It's joint venture between the builder and the land owner's (Let see x,y,z). One of the land owner (say x) gifted (gifted deed) the some of the flats to his children. We are looking to buy the flat from the one of the children .
ReplyDeleteWe wanted to know the following.
Q 1: The khata is still on the father's name and has not transferred to the builder/Children. What are the implications of khata not being transferred. Would it be a problem in long run?
Q 2: Can property be regressed in my name without khata transfer?
Q 3: We came to know that there are some dues pending (agricultural to residential conversion, property tax etc). If the property get registered in my name, then still would seller be responsible for paying the dues for the period before registration ?
Q 4: Can we get bank loan without khata being transferred ?
Hi, The information in the blog and the discussion below is very much to the point and clear.
ReplyDeleteBefore going through this I use to feel like illiterate in the field of property doc's and all and use to think like it's the not my business at all, I need to consult with some advocate for this.
now, the question I have is, I am in the discussion with the guy(he is builder only) owning Penthouse, and he is clearly telling like it is unapproved, but he is having Suwarna khata document and Latest paid up Property Tax Receipt which I have taken photocopy as well, and he is telling like u can regularize it in something Akrama-sakrama, should I take the risk and go ahead with the deal ?? or should not get in to the false business .. another question is how he has achieved to get Suwarna khata without approval?