Is it possible to sell property without Khata registration?

Response

Khata is the revenue document issued by the authority. With out this document one will not come forward to by the property. With out this document authorities will not accept for registration. Fist you get the khatha in the sellers name and proceeds for sale.

Selling immovable property within the limits of BBMP or corporation must be accompanied by a revenue document, i.e., the Katha certificate and extract, if the property/house has not been assessed to property tax or does not fall within corporation limits, it will not have a Katha certificate registered in the present owners name.
Without the Katha certificate the sub-registrar will not register the property, he can refuse to complete the registration on the ground that house property does not have a valid and subsisting Katha certificate.
Please ascertain if the house property falls within BBMP limits or Panchayath Limits even now.

Without this document authorities will not accept for registration. First you get the khatha in the sellers name and proceeds for sale.

Since the building has received the OC from B.B.M.P, ‘A’ Katha will be registered in respect of the said flat in the name of the present owner.

Ascertain if the other flat owners have obtained the Katha for their respective flats or not. Otherwise, all of the flat owners must obtain it.

Once you obtain the ‘B’ Katha and complete the registration, then after purchase also ‘B’ Katha will continue in your name as well.

So wait and obtain the above information and thereafter proceed.

Reference: A Khata in terms of property stands for an account of a property. This account or assessment contains details about the property like size, location, area, built up area, etc.

These details in Khata help in the recognition of the person who is liable for the payment of property tax. However, a personÕs name in the Khata does not imply that the person might be the owner of the property. The name signifies the person who is responsible for paying tax for that property.

Why is Khata Important?

Khata is of utmost importance when selling a property, performing any sort of property trade, obtaining a loan on a property as well as paying property tax. There are two types of Khata commonly known as ÔA KhataÕ and ÔB KhataÕ.

Who are eligible for obtaining Khata?

All property owners owning a property within city (e.g BBMP in Bengaluru) limits are eligible for owning Khata. Any person who may or may not be the owner of the property can pay property tax. However, Khata becomes necessary only when such a person tries to avail loan on the property or tries to trade the property.

What is the difference between ÔA KhataÕ and ÔB KhataÕ? (E.g Bengaluru)

Properties listed as ÔA KhataÕ come under the BBMP jurisdiction. These properties meet all the requirements stated by BBMP. However, those properties that have been constructed either on agricultural land or against the specifications (might not have received occupancy certificate or completion certificate) are entered along with the Property Identification Number (PID) into ÔB RegisterÕ. Such properties are said to have ÔB KhataÕ. These properties are issued ÔB KhataÕ solely for the purpose of property tax payment. Properties registered under ÔB KhataÕ have some disadvantages which include being unable to apply for bank loans. However, it is possible to convert ÔB KhataÕ to ÔA KhataÕ. This conversion can be done after the irregularity/problem with the property has been fixed by paying a fee which is commonly known as ÔBetterment ChargesÕ or under Akrama Sakrama Scheme along with appropriate documentation. This conversion allows owners to avail bank loans on such properties.

What are the documents required for Khata application or for Khata transfer?

Along with the application letter and the registration form, the following documents are also needed for registration/bifurcation/transfer of Khata

Certified copies of registered Title Deed
Tax payment receipts (till date)
Khata details
Sketch showing details and measurement of the property and location of site
Proof of succession/inheritance/gift court decree
Death certificate in case of inheritance of the property
Affidavit regarding blood relationships in case of transfer of document
Improvement Charges paid
National savings certificate for Rs. 200/-
Encumbrance certificate (EC) if the site is vacant
Flow chart of the title
Documents required for land in revenue pockets/Development Authority, converted areas/Grama Thana include title deed, tax payment receipts, Khata details, a sketch of the property and location of site, improvement charges, national savings certificate for Rs. 200/-, encumbrance certificate for vacant site and flow chart for title.

Documents required for land in BDA/KHA layout include Title Deed or possession certificate, National Savings certificate for Rs. 200/- and encumbrance certificate (EC) for vacant site along with flow chart of title.

202100333-20210042-17006

LAWAYZ-2023-237

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