The khatha in Bangalore is issued by the BBMP.
Khatha issued by BBMP means on account of the property at the BBMP. Upon
registration of the property (example: sale deed), you will have to approach
the revenue authority (BBMP) to enter your ownership details in their records
in respect of the property.
TYPES OF KHATHA
There are different kinds of khatha called in
different names at different places, such as khatha certificate, khatha
extract, khatha endorsement, phani, form 9, form 10, form 1 and form 12 (form
numbers as provided in the Karnataka Panchayath Raj rule).
NEW KHATHA REGISTRATION
The duly filled khatha application along with
supporting documents (example: sale deed) must be submitted to the office of
assistant revenue officer. The application should be submitted with statutory
fees, paid through Demand Draft (D.D). The statutory fee is 2% of stamp duty
paid on the conveyance deed.
TRANSFER OF KHATHA
The khatha of the property can be transferred by
submitting duly filled application with supporting document (example: gift
deed, sale deed) to the assistant revenue office. The application should be
filed along with prescribed statutory fee, paid through Demand Draft (D.D). The
statutory fee is 2% of stamp duty paid on the conveyance deed.
APPLYING FOR KHATHACERTIFICATE
Property owner can apply for khatha certificate
upon payment of up to date property tax and prescribed fee.
WHY DO I NEED KHATHA?
The khatha document is required to apply loan,
to obtain licence to construct house and proof of property identification.
SOME TIPS TO REGISTER KHATHA WITHOUT PAYING
BRIBE
1. Fill the application correctly,
support with necessary documents only.
2. Obtain acknowledgement after
submission of the khatha application.
3. Use R.T.I to verify the
progress of the application.
4. Receive and answer objection by
written communication.
5. The sale deed, or gift, or
conveyance documents should have correct schedule and you should mention the
same in khatha application.
6. Mention PID number of the
property, if it is available.
7. You should have patience,
honesty and willpower to witness there is no corruption.
8. Wearing “I am Anna” may help
you in getting things done easily (left to the individual beliefs!).
SECTION 114; KARNATAKA MUNICIPALITY
CORPORATION ACT, 1976
Section 114 obligates the
transferor and the transferee of a property in respect whereof the title is
transferred to give notice of such transfer to the Commissioner. Similar
obligation is cast to give notice in case of death of a person in whom the
title of the property is vested and which is required to be transferred to his
heir. Section 114(3) provides that, the notice shall be in such form as the
Commissioner direct and transferee should produce before the Commissioner any
documents evidencing the transfer or succession. Section 144(4) lays down that
every person who makes a transfer without giving notice to the Commissioner
shall continue to be liable for payment of the property tax assessed on the
premises transferred, until he gives notice or until the transfer should have
been recorded in the Corporation Registers. However, the liability of the
transferee for the payment of the tax is not affected. From this provision the
khatha procedure is derived.
‘A’ KATHA AND ‘B’ KATHA MAZE
There is nothing called as ‘B’
katha in the Karnataka Municipal Corporation Act 1976. There is only one katha
which in common parlances few times referred as ‘A’ katha what has come to be
known as ‘B’ katha is the ‘B’ register maintained by the BBMP.
In reality ‘B’ katha does not
exist. The property identification numbers and details of tax are entered into
a register called as ‘B’ register. Consequently there is no procedure in the
statutes to convert ‘B’ katha to an ‘A’ katha. However you should obtain ‘A’
katha if the below conditions are fulfilled:-
1. The property should be
converted to residential purposes by the order of District Commissioner.
2. The conversion fee should be
paid according to the order of the District Commissioner.
3. Apartment or layout or houses
should be constructed according to the plan sanctioned by the authority.
NON PAYMENT OF BETTERMENT FEES
NOT A CRITERIA FOR KHATHA
The Hon’ble High Court of
Karnataka in Purvankara Projects Limited, Bangalore Vs. The Urban Development Department, Bangalore and Others, had held that, the payment of improvement
expenses (betterment fees) cannot be a condition for the registration of katha.
The High Court by referring to Section 114 of Karnataka Municipal Corporation
Act 1976, observed that the improvement expenses (betterment charges) which are
levied and collected from the owner of the property has absolutely no
connection with the name of the transferee being entered in the property tax
register. Therefore, the payment of improvement expenses cannot be made
a condition for entering the name of the transferee in the property tax
register.
The court held that, the katha
application cannot be rejected solely on the basis of non payment of the
improvement charges, if other conditions are satisfied. Cancellation of katha
affected on the ground of non payment of improvement charges was declared as
illegal.
Related Articles:
Prepared
by: S. Hemanth
Advocate
at Hemanth & Associates
