• What is the procedure to be followed to get the Khata transferred to my name?

My mother was a retired bank employee, she owned a property in her name in Bangalore ,where we currently stay 
She died last year.My father,mentally disabled younger sister, and me ,her eldest daughters are the only legal heirs.
My father is paralytic, amnesia since 14 years, stays at an ashram
I am the only breadwinner to my family as both my father and sister are incapacitate.I am a legal guardian to my sister as per National trust Act of the persons with disability.
What are the required documents to transfer property Khata to my name ?
What is the procedure to be followed to get the Khata transferred to my name?
Asked 7 years ago in Property Law
Religion: Hindu

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10 Answers

1) apply for mutation of property in name of legal heirs 

 

2) enclose mother death certificate 

 

3) latest receipt of payment of property taxes 

 

4) if no objections are received mutation woukd be done in name of legal heirs 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

See the property can be only transferred in your favour if all legal heirs relinquish there right in favour of you otherwise the khata shall be transferred in favour of all legal heirs.

Further to transfer or sell for transfer of share.of.sister and father permission of court is required.

An application for mutation of the property in favour of legal heirs can be file with the muncipal department along with death certificate of father and affidavit and family ID card.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

1. Assuming that your mother died intestate (without executing a WILL), then the Class-1 legal heirs are your father and his children.

2. There are two ways of getting Khatha in your name, first one is to obtain NOC from all other legal heirs in your favour and submitting the same, alongwith prescribed application form and also enclosing your mother's death certificate to BBMP jurisdictional office with a copy of sale deed and earlier Khata certificate. In this way, you can obtain Khata. However it should be understood that in such a situation, all legal heirs continue to be co-owners, eventhough the Khatha will be in your name. Second procedure is, if other legal heirs relinquish their share in the property in your favour by executing a registered Release/Relinquishment Deed in the office of the Sub-registrar, then by submitting the Release Deeds of your father and your other siblings, alongwith prescribed application form to the BBMP office, Khatha of the property will be effected in your name and you will become absolute owner of the property.

Shashidhar S. Sastry
Advocate, Bangalore
5623 Answers
339 Consultations

1. Khata is recorded in the name of the owner of the property and on death of your mother all of her legal heirs have become its co sharers and hence the khata is to be recorded in all of their names.

2. Now if you wish to make you to be the khata to be recorded in your sole name then you will have to become its sole owner for which you need to make a gift deed done in your name by the other co sharers in default of which you can not make the khata in your exclusive name.

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

Dear client, 

It can not transfer it your sole  name but in all four jointly, eldest sister have to execute release deed in your favour, so that her share transferred in you and sister and father share cannot be used without court order in their life time and after their demise there share will inherit in you and eldest sister. Than again she have to execute release deed than only you will become sole owner.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

Since your mother died without leaving any WILL, her property will go in equal share amongst his Class-I heirs viz., her husband (i.e. your datherr), children. First, one has to obtain legal heir certificate from the Tehasildar by submitting a detailed application indicating all the Class-I heirs left behind by the deceased, their age, their relationship with the deceased. The said Application should be accompanied by the Death Certificate. After making enquiries, the Tehasildar will issue the legal heir certificate. On the basis of the said legal heir certificate, the legal heirs have to approach the Authorities for mutation of the property in their name. 

all the other legal heirs have to execute a Registered Relinquishment Deed relinquishing their respective shares in the property in favour of you. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

Dear Sir,

Khata Transfer Bangalore, Khata Registration and How to:

There are two components in a Khata:

  1. a) Khata Certificate
    b) Khata Extract.
  2. a) Khata Certificate

A BBMP Khata certificate is required for two major purposes:
1. For registration of a new property,
2. For transfer of any property.

For applying for a khata certificate, the owner of the property has to give a letter of requisition along with details and receipts of tax paid (latest) to Assistant officer for the sub-division or range. fee for a khata certificate is Rs 25/- per property.Khata Certificate is obtained for any new registration after paying the tax. The certificate is issued saying that a particular property No ‘XYZ’ stands in the name of person A. This certificate is required to apply for water connection, electricity connection, trade license and building license. The Khata certificate is given only to the owner of the property or to his family members. No one else can take it on his behalf. It takes maximum of one week to get the certificate. One can also get it instantly in some citizen service centers (details: http://www.bmponline.org/citizen-svc-centersl.shtml)

(When a transaction takes place both the seller and the buyer have to inform the BBMP within three months of the transaction. In case of death of either party, within one year.)

  1. b) Khata Extract


Khata Extract is getting details from the assessment register. The extract is required to get trade license, or to buy a particular property. It has the details of the property like the name, size of the property, use of the property (commercial purpose, residential), annual value, when assessed last.For getting a khata extract, owner of property has to give letter of requisition with property location and details. The fee is Rs.100/- per extract for a period of 5 years of the property.

Eligible for obtaining Khata

All property owners/holders who hold property within the BBMP jurisdiction are eligible to obtain a Khata. Obtaining a khata does not confer ownership of the property but confers liability  to pay property tax. Property tax can be paid by property owners/holders who may or may not have a Khata; but it is important while applying for any license of building or trade, or for applying for a loan from any bank.

Document required for Khata registration

For applying for Khata registration, you need to enclose following documents along with the registration form.

  1. Documents required for property of land type- Revenue Pockets / BDA Reconveyed areas / Gramathana :

    i. Title deed (Reconveyed documents from BDA in case of BDA Reconveyed areas)
    ii. Tax paid receipts and Khatha details
    iii. Sketch of your property showing its boundaries and location of site
    iv. Improvement Charges
    v. National Saving Certificates for Rs.200/-
    vi. Encumbrance certificate for vacant sites
    vii. Flow chart of title
  2. Documents required for property of land type- BDA / KHB Layout
  3. Title deed or Possession certificate
    ii. National Saving Certificates for Rs.200/-
    iii. Encumbrance certificate for vacant sites
    iv. Flow chart of title.

What is Khata Transfer?

Khata transfer is required when the ownership of property is transferred from one person to another for any reason like sale of property, gift, will or in case of death of property owner and so on. The application for Khata transfer is same as that for registration and the documents needed along with application are the following:

  1. Title deed
    2. Tax paid receipts and Khata details
    3. Paid up improvement charges receipt
    4. National Saving Certificates for Rs.200/-
    5. Death certificate of owner (applicable incase of the death of the property owner)
  2. Affidavit declaring that the applicant is legal heirs of the deceased khatedar.

What is Bifurcation of Khata?

Bifurcation of Khata is modifying two or more Khata into one or dividing one Khata into two or more Khata. Application form for bifurcation of Khata is same that applied for registration

 

 

For applying for Khata registration, you need to enclose following documents along with the registration form.

  1. Documents required for property of land type- Revenue Pockets / BDA Reconveyed areas / Gramathana 
    i. Title deed (Reconveyed documents from BDA in case of BDA Reconveyed areas)
    ii. Tax paid receipts and Khatha details
    iii. Sketch of your property showing its boundaries and location of site
    iv. Improvement Charges
    v. National Saving Certificates for Rs.200/-
    vi. Encumbrance certificate for vacant sites
    vii. Flow chart of title
  2. Documents required for property of land type- BDA / KHB Layout
  3. Title deed or Possession certificate
    ii. National Saving Certificates for Rs.200/-
    iii. Encumbrance certificate for vacant sites
    iv. Flow chart of title.

What is Khata Transfer?

Khata transfer is required when the ownership of property is transferred from one person to another for any reason like sale of property, gift, will or in case of death of property owner and so on. The application for Khata transfer is same as that for registration and the documents needed along with application are the following:

  1. Title deed
    2. Tax paid receipts and Khata details
    3. Paid up improvement charges receipt
    4. National Saving Certificates for Rs.200/-
    5. Death certificate of owner (applicable incase of the death of the property owner)
  2. Affidavit declaring that the applicant is legal heirs of the deceased khatedar.

What is Bifurcation of Khata?

Bifurcation of Khata is modifying two or more Khata into one or dividing one Khata into two or more Khata. Application form for bifurcation of Khata is same that applied for registration

Procedure for Registering, transferring and modifying Khata


  1. Obtain Notarized copy of your sale deed:There are number of notaries in Bangalore where you can get your work done at reasonable fees and the entire sales deed is notarized for charge of Rs 80-100. Agents charge a commission for every page due to which the charge for get your work done rises to Rs 200 and above.

  2. Encumbrance certificate (EC):To get an EC for your property you have to carry a copy of the sale deed. Normally an EC is provided within 7 working days.

  3. Application for Khata:You need to obtain a Khata registration form for applying for a Khata. The application is the same as that needed for applying for property registration, transfer and modification of Khata. It is available either online or at any BBMP office. The application form costs Rs 10.

  4. Enclosure of documents:While applying for Khata, enclose the essential documents and fill up the necessary information in the application form. Submit the filled registration form at BBMP office and get sealed acknowledgement for the same. Acknowledgement is one of the sheets in the application.

  5. Check the status of your application:Visit the BBMP office once in 15 days to check the status of your application. Remember that any documents demanded by the BBMP office besides those listed above, and validated by RTI, is illegal to ask for and just a means to harass and tire you unnecessarily.

  6. Seek Information:After 2 months if there is still no activity then file the RTI to seek information on status of khata registration.

  7. Assessment of Property by Officials:The BBMP Revenue Incharge and Assistant Revenue Officer personally visits the property to assess the property. Please note that if the property is assessed as commercial, read as ‘Rented Out’, the property tax is twice the normal property tax.

  8. Khata Registration fee:After the property is assessed BBMP formally communicates this mentioning the property dimensions (in sq feet), its value as per BBMP assessment and the tax liability thereon.You will also be provided with a notice mentioning the same and informing you to pay the Khata Registration fee (2% of the property value) as Khata Registration fee (this is 2% of the value mentioned in the Sale deed). Once you pay the Khata Registration fee in about 1-2 weeks, you will receive the notice for paying the pending property tax. Without this, the Khata Extract will not be issued in your name. But if you have reached this point, it means Khata has been technically registered in your name.

Fee for Khata related processes

Application for Katha registration, Katha transfer can be applied in the form “Application for Registration/ Modification of Khata”. You can also download the form from BBMP website and link is as follows-
http://www.bmponline.org/forms-pubs/PUBs/KhataRegistrationForm.pdfFee for Khata Registration is 2% administration fee on stamp paper value. Rs.100/- per sq.yard (in new areas) or Rs. 50/- per sq.yard (in old areas) towards improvement expense.Fee for Khata transfer or modification such as bifurcation or amalgamation is 2% administration fee on stamp paper value.

Khata certificate is often misunderstood with title deed. Title deed is the deed agreed between a buyer and seller during the transfer of property and Khata is account of assessment of property. Khata does not confirm ownership of property but assessment of property for the payment of tax.The property owner can pay his property tax in two installments but improvement expense must be paid as a  lumpsum.

You can apply for Registration, transfer or modification of khata in 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. BBMP offers Sarala Khata Scheme Book which is available in major citizens’ service center on payment of Rs.20/-. This book contains guidelines and details for filing application for khata. You can also get more information from BBMP website on services offered by the Revenue department. The link for BBMP website is: http://www.bmponline.org/ .

 

Kishan Dutt Kalaskar
Advocate, Bangalore
6230 Answers
499 Consultations

Hello,

Move an application for getting the same transferred with NOC of the other legal heirs and you will get the Khaata on your name. Also if some objection is raised by the Tehsildar then you may file a declaration suit and may obtain a declaration to the said effect. 

 

Regards 

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

You can transfer the same by taking NOC from all legal heirs for the same. The transfer can be executed by mutuation in your name. 

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

Since your mother died intestate, the property left behind by her shall devolve equally on all her legal heirs, i.e., you, your father and your sister.

Since your father and younger sister are mentally disabled their share in the property cannot be soled or transferred to anyone without court permission.

Firstly a court guardian has to be appointed to take care of their property and afterwards a joint khata only  an be given in favor of all the legal heirs.

you cannot get an individual khata for the property 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

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