• A Khatha and B Khatha in Bangalore

I want to get bifurcation Khatha transfer done in Bangalore. I spoke to BBMP official and he informed me that only B Khatha can be issues. This is a 10 year old apartment. Some of the flat owners got A Khatha. I fail to understand how BBMP issue A Khatha to some flats and B Khatha to other flats in the same apartment?
Asked 7 years ago in Property Law
Religion: Other

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7 Answers

In case the A khata are issued in same apartments to another buyers you can give reference of same before the BBMP official and citing the reason ask for A khata as after high court judgement B khata is illegal and further there are issues with it.

So check your property tax it should be completely paid and further with reference to other flats get an Khata as there cannot be 2 khata in same building. Further file representation before the commissioner .

If then the issue is not solved file a.writ petition before the high court and vide RTI take detail of such apartments having A khata.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

FileRTI application with BBMP on what basis some apartment have been issued A Khata

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

A khata signifies that the construction is as per sanctioned plan and with out any deviations/ legal hurdles. If some owners have got A khata then you can claim it as a right and question the authority based on Writ Petition in High Court. Its questionable if their A khatas are genuine.

Jamal Sait
Advocate, Bangalore
168 Answers
2 Consultations

Khata is an essential document or certificate required by property owners in Bangalore. It is issued by Bruhat Bengaluru Mahanagara Palike (BBMP), the municipal corporation of Bangalore, to properties that fall under its jurisdiction. Khata acts as evidence that property tax has been paid on a particular property.

BBMP started maintaining two registers to maintain the property taxes. The first register was called A Khata and it contained the list of the fully legal properties in Bangalore. A second register called B Khata was maintained to contain the list of illegal or semi-legal properties in Bangalore. Thus, A Khata and B Khata came to be formed.

B’ khata document indicates that the property is illegal or is in violation of government regulations regarding properties in Bangalore, even when the civic charges for the property have been cleared by the owner. BBMP holds the right to collect taxes from buildings constructed illegally, including buildings constructed in violation of bylaws, constructions carried out on revenue land, properties built on unauthorized layouts, buildings without completion or issuance certificates, etc. Such properties are listed by BBMP under the B khata.

You can ascertain the problems in your flat and see what best can be done on it to overcome the issue.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

Dear Sir,

On the principle of “Parity” BBMP cannot deny issuing A khatha you if it has issued to some other apartment only. The law laid by High Court of Karnataka is as follows.

===============================

What is a khata?

A Khata is essentially a revenue document, detailing the assessment of a property, recording details about the property such as size, location, built up area and so on for the purpose of payment of property tax.

It is also a kind of identification of the person who is primarily liable for payment of property tax. It is one of the required documents in case you require a building licence, trade licence or loan from banks or any other financial institutions.

What is the difference between an A Khata and B Khata?

What any property buyer should know while buying property in Bangalore is that it should have A khata.

An A khata means you are buying a property that is legal, and it will allow you to construct on it and obtain a trade or building license. Here are some further details on the difference between A Khata and B Khata.

Then how did the term B Khata come into being?

Well in 2007 when BBMP came into being 2 things were apparent:

1) There were many properties that fell under its jurisdiction that were illegal constructions

2) There was a need for an uniform taxation policy

Regarding the former the BBMP found that these illegal constructions were enjoying civic amenities without paying taxes. While regarding the latter, there was a need to consolidate the tax collection process to make it simpler which was earlier collected by 3 different bodies.

Now, the newly formed BBMP had the power to levy taxes on the aforementioned illegal constructions. The taxes collected from these properties were recorded in a register known in common parlance as B register and the khata issued therein was known as a B khata.

Thus anyone having a B khatha essentially is a non BBMP approved construction. Hence it is not advisable to buy such properties.

However, it is only fair to mention that any B khata property can be converted into an A khata property.

Kishan Dutt Kalaskar
Advocate, Bangalore
6230 Answers
499 Consultations

File an RTI and get the required information as to on what basis the same has been done.

You may get in touch with some local lawyer also.

regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

Dear Client,

B khata document indicates that the property is illegal or is in violation of government regulations regarding properties in Bangalore, even when the civic charges for the property have been cleared by the owner but this can be changed to A khata by paying betterment charges.

You have a right to know the reason for refusing A kahta and upgrade to A Khata.

And other apartment members holding A kahta, on the basis of parity, you are entitle to A Khata.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

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