About Khata Registration/Transfer

Few of us might feel that being a common man, we cannot do anything against corruption, but here is a small opportunity to fight against corruption. One can also get useful information on Khata Registration.

Kudos to a team which worked together and achieved Khata Registration at Bangalore where bribe takers (I don't call them officials because it is a reputed word for honest officers) are blooming. The team involved few Suncityites, Vidyasagar, Harshad, Sanjeev Suman, Renjith Chitharanajan and Dayanand (FYI, Suncity Apartments has >1150 flats near Sarjapur Junction, Bangalore) who struggled/fought for 4 months to get their khata registration while it should not take more than 1 month provided we have officials.

What is Khata?
Khata is the recording of one's property in the books of the Government (here BBMP). When one registers Sale Deed with the BDA, it is just an agreement between the seller and the buyer but when the Khata (of the property) is registered/transferred to one's name, it means the property is in the current owner's name in the government books. This also identifies the person / persons (on whose names the Khata is registered or transferred) who are primarily responsible for paying the tax.

For new flats, the type of Khata is called Khata Registration, since one has purchased the flat from a builder and the Khata would be generated/created for the first time. If one has bought a pre-owned flat, it would be classified as Khata Transfer. Khata registration is also a process which identifies the value of the property and guidance for calculation of the tax every year thereon.

How many days are required for Khata Registration?
7 working days if property belongs to:

1. BDA / Karnataka Housing Board Layouts
2. If Existing Khata is registered with BBMP

30 working days if property belongs to:

1. BDA approved areas
2. Apartments ( new Khata is created )
3. Merging and Bifurcating of Khatas
4. Gramthana and Revenue sites

What are the necessary documents to be submitted along with the Khata Registration form?
As of the date of writing this document (Republic Day, 26-Jan-2009) here are the list of documents:

1. Current khata document (which is the existing Khata)
2. BDA Approved plan
3. Notarized copy of the Sale Deed
4. Encumbrance Certificate (for last 5 years)
5. Any other documents (subject to RTI as mentioned in References section link 3)

One can also file an RTI to BBMP commissioner seeking clarification on documents required for the Khata registration/transfer. Typical Template for information purpose can be accessed here.

What is RTI?
RTI - Right to Information Act. Passed by the Govt of India allows an Indian Citizen to access any government information which falls under the public domain purview. All information related to National Security and deemed sensitive do not fall under RTI Act. In our view, this is the most powerful tool to create transparency in Government work. In absence of transparency, corruption breeds.

One can obtain any government information pertaining to self or the general public. This can be done by filing an RTI Application to the concerned authority (See references section). There is neither specified format nor any special skill to write an RTI application. It can be written in plain English.

Procedure to Register Khata :

1. Obtain the Encumbrance Certificate (EC): File for an EC at any BDA office. The fee is usually 55 Rs only. One has to carry a copy of the Sale Deed along with. The EC is handed in 4-6 working days.
2. Obtain Notarized copy of the sale deed: Near to BDA office, one can also find many notaries who does this work and charges reasonable fee. Entire Sale deed is notarized anywhere between Rs 80 – 100. Agents normally charge Rs 5-10 per page which comes to 200 Rs or above.
3. Obtain Current khata from builder or earlier owner
4. Purchase a Khata transfer / Registration form available at any BBMP office e.g. Bommanahalli, Belandur BBMP office. Its value is Rs 10 and generally sold at the same value.
5. Obtain copy of BDA approved plan (available with builder or one should get it at the time of booking the flat or registering the flat).
6. Fill the Khata Registration form (very simple and easy)
7. Submit the Filled Khata Registration form at the BBMP office (for Suncity, it is in Belandur). Most important point to remember is to obtain the sealed acknowledgment after submitting. The acknowledgment is one of the sheets in the Khata Registration / Transfer form. (Note : Refuse to pay any bribe while submitting the form. The bribe could be Rs 50 for issuing acknowledgment to Rs 10,000 for doing the Khata work. Don’t be nervous, over the next pages, we will inform how can one be safe by refusing to pay the bribe and still get the Khata registered.)
8. Once acknowledgment is issued, Please visit the BBMP office and ask for a status of the Khata Registration application. Don’t be cowed down by demands for different documents to be submitted. Any documents demanded by the BBMP office, over and above those listed above, and validated by the RTI is illegal to ask and just a means to harass you and tire you down. Challenge the BBMP officers. (Ex : They asked us BDA NOC for Khata Registration, which is not required. The officer mentioned receiving a circular from BBMP commissioner which requires us to submit BDA NOC. We asked for a copy of the circular and he kept quiet).
9. Visit the BBMP office once every 15 days just to do your part of the duty. Don’t be bothered whether they are doing the work. Do this activity for about 1.5 to 2 months, thus making 3-4 formal visits during this duration.
10. After 2 months if there is still no activity then file the RTI to seek information on status of khata registration. Typical Template for information purpose can be accessed here.
11. If everything has gone smooth (after Step 7) then here’s how the actual procedure works.
12. 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.
13. 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. One is also provided with a notice mentioning the same and informing you to pay the Khata Registration fee - 2% of the property values as Khata Registration fee (this is 2% of the value mentioned in the Sale deed).
14. Once you pay the Khata Registration fee, in about 1-2 weeks, one receives 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 CONGRATS ! Khata has been technically registered on your name.
15. Once one has paid the Property Tax (difference amount in Property Tax in case you have already paid ) the Khata Extract is issued in the property's holder name. As we understand the official fee for issuing the Khata Extract is Rs 100.

That’s all, friends. Khata Registration is done and if one has followed above mentioned steps, one can save anywhere between Rs 10,000 to Rs 25,000. Also one contributes majorly in fighting against Corruption. Go ahead, Give it a try.

Also as a goodwill gesture, Please donate saved amount to any orphanage or an NGO, so that we can continue adding value and improve sense of community service.

This article is also published at  http://vicharpravah.com/index.php/power-of-common-man/3-erdaicate-evil/5-about-khata-registration-transfer.html


References:

http://www.bmponline.org/egov-property/khatha-services.shtml

Typical template for filing RTI to seek information on status of Khata Registration

Typical template for filing RTI to seek information on documents required for Khata Registration


- Hariprakash
(On behalf of the above mentioned team and special thanks to Vidyasagar for writing above steps)