• Can single piece of land having E-Khata bifurcated and register to two different persons

Sir,Me & My Brother in law ( Wife's brother) want to purchase single piece of land having E-khata.This is to be registered in two separate sale deed as per our share. please note that the property is B-KHATA and category in panchayat as Form 11B. 
When I enquired with document writers, they say it is not possible as E khata does not permit so.Even panchayat office say we cannot give two different E-khatas even if you make partition deed as it is B-khata.

Please give me best option to get two different E-Khatas
Asked 8 years ago in Property Law
Religion: Hindu

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9 Answers

The Karnataka Government, with an emphasis on Bangalore, has been in the process of computerizing land related records for almost 7 years now. Considering the expanse of Bangalore city, this is an effort that is immense and on-going, and will be so for many years to come.

A computerized version of a khata will contain all relevant details that have been recorded manually. Take a look at the benefits:

With a PID number which is assigned on computerization of records, the property tax payer will be able to access his khata account and make payments online.

He may also obtain receipts when needed, with the help of this PID number.

Updated khata certificate as well as extracts, may be easily obtained from the BBMP kiosks/ centres.

So the Khata once made if bifurcated can be allocated with two different numbers butt hat will take time.

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

Dear Friend,

If rules does not permit then you can get partition by way of court decree and thus legalize the transaction.

Kishan Dutt Kalaskar
Advocate, Bangalore
6230 Answers
499 Consultations

You can show in the single sale deed only that you both are equal owners of the property having 50% share in the property or 50% of the property measuring __ square feet in _____ side of the property belongs to you and the other side of the property having 50% measuring ___ square feet in the property belongs to your brother in law.

the property under B khata can not be divided unless you register and make a partition through court.

Rajashekar
Advocate, Bangalore
591 Answers
4 Consultations

hi, you can get it done by filing civil suit for declaration in court

Hemant Chaudhary
Advocate, Gurgaon
4632 Answers
67 Consultations

You can register the sale deed in the name of brother and sister and let the Khata come in the joint names later you can go Partition or Release Deed between the two and ask the Panchayath to make Khata in their individual names as per the registered partition deed or release deed.

Court proceedings will take some time, the court has to duty to follow some procedure.

Rajashekar
Advocate, Bangalore
591 Answers
4 Consultations

First of all it is not advisable to buy property under B khatha.

The title to B khatha is not clear and you cannot get it converted to A khatha so easily even after paying all the fee at a later stage.

The E khatha is not a regular and recognised khatha, hence there is no question os splitting the property into two

The Khata concept came into being after the BBMP was formed in 2007 to simplify the collection of property taxes from the residents of Bangalore.

To reform the process of tax collection and reduce redundancy, the concept of A Khata was introduced by the BBMP. The first register, called A Khata listed the fully legal properties in Bangalore, while a separate register called b Register was maintained by the BBMP listing the illegal/semi legal properties in the city. This came to be known as B Khata by authorities.

The B Khata is a separate register maintained by the BBMP that lists the illegal properties (as per Karnataka High Court order in December 2014) that have ownership in the city of Bangalore, even when the civic charges for the property have been paid by the owner.

The B Khata pertains to the Section 108A of the Karnataka Municipal Act, 1976 that was amended in 2009. This register enables the BBMP to collect taxes from buildings constructed illegally, which include properties in violations of bylaws, constructions in revenue land or unauthorized layouts, or properties without completion or issuance certificates. The B Khata properties can be upgraded to A Khata properties by fulfilling a few criteria such as payment of all property taxes till date, DC converted property and payment of Betterment Charges as levied by the BBMP.

E-khata is primarily an assessment of a property that lies within the Bruhat Bengaluru Mahanagara Palike (BBMP) jurisdiction for the purpose of taxation. ... Once all governmental verification is complete on your property you receive your khata and a PID number. A khata that is filed online is known as the e-khata.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

Can I register the property in the names of My wife and My brother in law ( Wife brother) and show the share as mentioned by you in single sale deed. Later can i go for partition deed among family members ( As both are blood relation) and apply for two different E-Khata without going to court.

Also let me know how long it takes to make a partition through court if it is mandatory for B-kHATA lands.

Firstly have you obtained legal opinion to the property proposed to purchase now?

B Khata properties have to satisfy various criteria such as DC converted property, payment of all property taxes till date and betterment charges to be paid to BBMP to convert them to A Khata properties.

B Khata properties used to enjoy some of the rights that A Khata properties have but the recent Karnataka High Court order given in December 2014 nullified whatever legal status they had. As of now, B Khata properties are categorized as illegal properties and have to be converted to A Khata properties to avoid complications in trading, construction and transferring of the property.

If all the above are fulfilled then you can, on the opinion of an advocate in the local, can proceed with the proposed purchase of the property, it can be bought on joint names for the present, the partition aspect may be looked into when it is regularised at a later stage.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

1. The sale deed may be jointly executed in favour of brother and sister and then khata can be obtained in their joint names.

2. Thereafter, the partition deed can be executed between them and individual khatas applied.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

Hi,

With so many advices you have, you are suggested to go by suggestion of local lawyer.

Ganesh Singh
Advocate, New Delhi
7169 Answers
16 Consultations

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