B khata isn’t an assurance of regularising the irregularities

In the first part of this series, I explained about the history of Whitefield area in Bengaluru that resulted in khata confusions. In the second part, I answered many questions related to khata, in addition to explaining why khata is not a proof of ownership.

There are five categories of people based on the khata they have or don’t have.

Category A: Those who have been able to obtain a khata issued by the erstwhile Mahadevapura CMC
Category B: Those who have a Village panchayat khata issued by the erstwhile Whitefield Village panchayat, but for some reason, were unable to obtain a khata issued by the erstwhile Mahadevapura CMC. These would be mostly long standing residents
Category C: Those who have no khatas, who are eligible for ‘A’ khatas and want to apply for these
Category D: Those who have already obtained ‘B’ khatas from BBMP and want to convert their khatas into ‘A’ khatas
Category E: Those who have no khatas, who are eligible for ‘B’ khatas and want to apply for these.

For each of these categories of people, here are the strategies to be followed:

Procedure to be followed by category A and category B

These are the people who have been able to obtain a khata issued by the erstwhile Mahadevapura CMC; or who have Whitefield Village khatas.

Property owners belonging to this category should apply for a khata certificate and an extract of the khata register from the BBMP. The process is described below:

Khata Certificate

How should one apply for khata certificate?

The owner of the property has to give a letter of requisition along with details and receipts of latest tax paid.

What are the documents to be annexed to the application?

  • All earlier documents of proof of ownership, such as sale deed, land alienation order (conversion of agricultural to non-agricultural property, earlier khata extract of Mahadevapura CMC and/or Whitefield Village khatas.)
  • These residents will also have to keep their tax paid receipts for having paid property tax, both in the Whitefield Village (if available) as well as in Mahadevapura CMC
  • Also proof of residence, such as electricity and water bills, Passport copy, Driving licence copy, ration card, pan card election voter card

To whom should one apply?

Applications should be given to the Assistant officer for the sub-division or range. The application can be given in the Whitefield office itself. If not, in the Mahadevapura office.

What is the application fee?

The application fee is Rs.25/- per property, for which the khata certificate is sought.

How long does it take to get a khata certificate?

The maximum period within which a khata certificate should be given is one week under Sakaala. One is also supposed to get it instantly in some citizen service centres, such as the Bangalore one centre.

Khata Extract

How should one apply for a khata extract?

For getting a khata extract, the owner of the property has to give letter of requisition with property location and details.

What are the documents to be annexed to the application?

  • All earlier documents of proof of ownership, such as sale deed, land alienation order (conversion of agricultural to non-agricultural property, earlier khata extract of Mahadevapura CMC and/or Whitefield Village khatas.)
  • These residents will also have to keep their tax paid receipts for having paid property tax, both in the Whitefield Village (if available) as well as in Mahadevapura CMC
  • Also proof of residence, such as electricity and water bills, Passport copy, Driving licence copy, ration card, pan card election voter card.

To whom should one apply?

Applications should be given to the Assistant officer for the sub-division or range. I think the application can be given in the Whitefield office itself. If not, in the Mahadevapura office

What is the application fee?

The fee is Rs.100/- per extract of the property, for a period of 5 years.

How long does it take to get a khata extract?

One week.

While applying for khata, enclose these essential documents and fill up the necessary information in the application form. Submit the filled registration form at the BBMP office and obtain an acknowledgement for the same, bearing the seal of the office. The acknowledgement is part of the one of the sheets in the application.

Once we apply as above, then the BBMP has to either give you the above documents, or they have to admit that they do not have the original documents! I guess that the BBMP will remain silent and not reply to us. So after waiting for a sufficiently long period, say, 2 weeks, one could file an RTI application as to why the BBMP is not giving one a khata! One can ask for (a) details where khatas have been given in Whitefield (Surely, there will be some cases where they would have done this, by taking bribes) (b) whether any written instructions exist to the effect that khatas cannot be given to old khata holders of Village Panchayats or erstwhile CMCs, unless they apply afresh. If we get information that khatas have been given for some properties and also that there are no instructions that property owners who had khatas in the erstwhile Panchayat and CMC should apply afresh for khata registration, then the BBMP will feel the heat and has to buckle down and give us khatas.

CATEGORY C
Those who want ‘A’ khatas afresh:

Khata registration
They have to apply for khata registration as follows.

What is khata registration?

As the city expands, many new areas get added to it. Through a number of ways, new properties are added to the city, for example, through allotment from the BDA or Housing Board, or through the construction of flats and their sale. Each of these properties will require the creation of new khatas in the records of the BBMP. This process is called khata registration.

How should one apply for a khata registration?

The application for khata registration has to be made in the prescribed form. This is available either online or at any BBMP office. Making an application costs Rs10.

What are the documents to be annexed to the application?

A. For properties allotted by Bangalore Development Authority / Karnataka Housing Board
(1) Application in prescribed form
(2) Attested copy of the title deed
(3) Copies of previous tax paid receipts
(4) Possession certificate
(5) Sketch showing the location of property

B. Revenue pockets, BDA reconveyed areas, Gramathana, high rise buildings (both apartments and commercial complexes)
(1) Application in prescribed form
(2) Title documents, flow chart of the Title
(3) Copies of previous tax paid receipts
(4) Proof of improvement charges paid
(5) khata extract issued by previous authority / local body.
(6) Sketch showing the location and measurements of the property

To whom should one apply?

Assistant revenue officer for the sub-division or range between 10 am to 1:30 pm and 2:30 pm to 5:30 pm on all working days.

What is the application fee?

The fee is Rs.100/- per extract of the property, for a period of 5 years.

How do I pay the application fee?

Through demand draft

How long does it take for a khata registration to be completed?

(1) 7 working days in the case of BDA/KHB allotted properties
(2) 30 working days in the case of revenue extensions, BDA re-conveyed areas, gramathana, high-rise buildings (both apartments & commercial complexes)

What happens after the appplication is submitted?

First, the property is assessed for property tax. The BBMP revenue in-charge and Assistant Revenue Officer personally visits the property to assess the property.

Second, BBMP formally communicates the assessment to you, mentioning (i) the property dimensions (in sq feet), (ii) its value as per BBMP assessment and (iii) the property tax liability thereon.

Third, you will also receive a notice from the BBMP informing you to pay the khata Registration fee, which is 2% of the property value as mentioned in the Sale deed.

Fourth, once you pay the khata Registration fee, in about 1-2 weeks, you will receive the notice for paying the pending property tax. This means that technically, the khata has been registered on your name. However, without paying the property tax, the khata Extract will not be issued in your name.

What happens after a new khata Registration is completed?

khata Certificate is obtained for any new registration after paying the tax. The property owner can pay their property tax in two instalments but improvement expense must be paid in lump sum.

CATEGORY D

These individuals have already obtained ‘B’ khatas, so they will have to produce those additional documents that show that they have constructed the structure after following all rules and regulations.

As soon as the intervening irregularity is made up, for example, you get the occupancy certificate, or the non-agricultural occupation of land is regularised, your khata is transferred to the A khata register.

The primary task is to show that the intervening irregularity has been since cured. For this, one will have to obtain the following documents, which are to be given by the builder:

(1) Title documents, flow chart of the title [The developer has to give these details. Normally it should form part of the sale deed itself.](2) Copies of previous tax paid receipts,
(3) Order of conversion of land from agricultural to non-agricultural purpose
(4) Proof of improvement charges paid, if any,
(5) khata extract issued by the erstwhile Panchayat (The developer has to give this copy.)
(6) A Sketch showing the location and measurements of the property (the builder has to give a certified measurement)
(7) The possession certificate
(8) The occupancy certificate: The key is the Occupancy certificate, which the BBMP issues to the Builder, (in the case of flats). This shows that all rules and regulations have been followed.

Importance of the occupancy certificate

You must pressurise your builder to give you the occupancy certificate. Sometimes builders or their agents will promise to get you a khata from the BBMP for a fee. Please question your builder, or his agent or middleman, very closely. Ask him what kind of khata he will get you. An A khata, or a B khata?

If he promises you an A khata, ask him to show you the occupancy certificate. If he does not have an occupancy certificate and he promises you an A khata, then he is lying to you. He cannot get you an A khata. If he has an occupancy certificate, then he must give you a copy. If the builder refuses or dodges you, then you can safely presume that your case it not still fit for securing an ‘A’ khata. Moreover, your builder’s promise to get you a B khata is no big deal, because you can apply for it and get it yourself!

If you have the Occupancy Certificate along with the other certificates required, then you can apply for a khata registration, in exactly the same manner as described above.

Depending on whether you apartment has the occupancy certificate issued by the competent authority or not you will need to enclose the documents as mentioned above. This information, on the documents required are posted on the BBMP website www.bbmp.gov.in under “Katha service.” In the said page itself it is mentioned that if the building is built on revenue land and has not been regularised by the government, then, BBMP for the purpose of property tax will enter the particulars in B register and issue a B Katha. Therefore you should not have a problem in getting the B Katha at least.

CATEGORY E

These are those who want ‘B’ khatas. This is the residual category; comprising of property owners who do not fit into any of the above categories. Most likely, these individuals’ own properties that are constructed on ‘revenue’ land, i.e., land that was not converted from agricultural to non-agricultural use before construction. In such cases, ‘B’ khata registration will be done and details of such properties will be maintained in a separate register named the ‘B’ register of the BBMP.

The application process for ‘B’ khatas is similar to the khata registration process, except that there is a separate form in which to apply. Once the application is made, the khata will be registered and the property assessed for property tax, which the holder will be liable to pay.

Please note, Section 108 A of the KMC Act also very clearly states that the levy and collection of property tax under sub-section (3) by assigning a ‘B’ khata does not confer any right to regularise violation made, or title, ownership or legal status to such building and such buildings shall always be liable for any action for violation of law in accordance with the provisions of this act or any other law.

Related Articles

Khata confusion for Whitefield properties: What’s wrong and why?
Here’s why BBMP Khata is not a proof of ownership for your property

About T R Raghunandan 0 Articles
T R Raghunandan is a retired IAS officer who is anti-corruption activist. He has worked with Janagraha to start ipaidabribe.com.

1 Comment

  1. Could anyone help me on converting holder khata to A Khata.

    1. My Grand Father owned 2.2 acres agriculture land in Sarakki.
    2. Part of the property was sold & remaining piece of land was equally shared among my father’s siblings. (each owns 5 plots)
    3. The layout was formed in 1980’s and there was no DC conversion. Plots were shared amount family members only.
    4. SK Natraj is the corporator of Sarakki ward for past 15 years.
    5. There is no regulation implemented by government to issue A khata.
    6. Every year tax paid based on holder khata ID.

    BBMP Revenue officer demands Rs 30,000 bribe for each site to issue B khata 🙂

    what should be done to deal all the complexities and obtain A Khata ?

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