• Resale of new property where khata is not in seller's name

I'm planning to purchase a resale flat in an apartment where khata is not in seller's name. Currently, khata is in mother's name of the seller. Seller's mother is the land owner, and she received some stake on the apartment from builder. Seller's mother (land owner) provided gift deed for few units of the apartment, and those units are properly registered on the seller's name. Builder has got the CC and OC for apartment. There is already 90% occupancy on the apartment. However, khata is not transferred to individual flat owners yet. Seller says that he'll transfer the khata on my name once the khata bifurcation happens (which he said that the process is already initiated).

Is it advisable to purchase this property? Since I'm not sure when the khata transfer for all the individual flats will be complete, till then it would not be possible to transfer khata in my name.

I've few questions.

a/ Is it possible to do khata transfer after registering the property in my name? Because previous khata will be in seller's mother name but other documents (ilk Title deed, EC) are in seller's name.
Asked 7 years ago in Property Law
Religion: Hindu

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13 Answers

Yes you can go ahead and purchase the property if the title is clear and the seller has the deed and index to the property.

Khata can be transferred together with other flat owners or by applying for transfer with the muncipal authroity there won't be any issue.

Your name in that shall be recorded against the Flat. And you will get khata extrat and tax bill of same. The individual owners have to fill up the form of.muncipal department and shall have khata recorded for there flats.

It is totally safe to buy when there are all title documents and index .

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

1) you should purchase property only after mutation is done in name of seller 

 

2) there is no harm in waiting for bifurcation of khata 

 

3) mutation dies not confer title to property .

4) it is on,y for payment of property taxes 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

1. Apparently the titile is clear in the property and mere non trasnfer of Khata is of no consequence here.

2. Khata trasnfer is for the purpose of revenue payment and it is not a concusibe proof of titile.

3. However do get all the papers checked by a local lawyer before proceeding further.

4. There is no impediment to get khata registered in your name directly by the seller.

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

Khata is the revenue document issued by the authority. With out this document one will not come forward to by the property. Without this document authorities will not accept for registration

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

  1. As per the information mentioned in the present query, makes it clear that you have rightly pointed out the issue of transfer before buying that property.
  2. Transfer of Khata is not a big issue, but I advice you to get it done before you execute the sale deed.
  3. In fact, you can mention the same in the agreeemnt to sell, as separate clause that sale deed will be executed once Khata has been transferred on your name.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

1) Yes, the title or khata name of flat will be able to transfer on your name as you have to make tripartite sale deed agreement and get registered it.

2) tripartite agreement means you all mother, seller and buyer name will appear in the sale deed. All mutation history should be mentioned in it.

3) If you want I can prepare Tripartite Sale Deed agreement for you at reasonable rates.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

Make the seller's mother as confirming party in your sale deed between seller and you

Include a covenant in sale deed to be performed by seller to transfer khata to his name within stipulated period stated in sale deed

Retain certain purchase price till aforesaid khata transfer is done in your name

Yusuf Rampurawala
Advocate, Mumbai
7899 Answers
79 Consultations

1. Personally enquire from the authority whether the khata transfer application is pending or not and also the present status of the said transfer.

 

2. Khata records are the records of rights maintained by the Authority for administrative purpiose anbd also for tax collection whereas registration of deed of conveyance indicates the title of the property.

 

3. So, the said flat can be purchased if it is found that khata transfer application in favour of individual flat oaners is pending.

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

It has to be transferred in seller name and then only cannot be transferred in your name 

 

2) copy of registered sale deed is necessary for transfer of khata in your name 

 

3) consent of seller is necessary for khata transfer 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

The khata will be transferred in you name.You can keep copy of both the registered sale deeds on record alonh the application of Khata transfer same shall be transferred to you directly.

FOr khata transfer the Index copy is required for both sale deeds.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Is it advisable to purchase this property? Since I'm not sure when the khata transfer for all the individual flats will be complete, till then it would not be possible to transfer khata in my name.

There is no guarantee that the vendor will help you obtain khata in your name after purchase process is completed. You may have to run behind him umpteen number of times, hence you can ask him to get the khata on his name and then execute the registered sale deed in your favor.









 Is it possible to do khata transfer after registering the property in my name? Because previous khata will be in seller's mother name but other documents (ilk Title deed, EC) are in seller's name.

Since the mother has transferred the property to her son by a registered gift deed, the son becomes the absolute owner of the property hence this transaction has to be reflected in the khata, for that the khata to be transferred to vendor's name first and then it can be transferred to your name, therefore first ensure the khata is on the name of the vendor before he executes a registered sale deed in your favor.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

If I register the property in my name now, once the katha bifurcation happens for the entire apartment in future. Can the khata be transferred to my name only after transferring to current seller's name? or Can it be transferred directly from current khata owner (i.e. land owner)? If so, what are the documents needed for khata transfer?

The khata cannot be transferred to your name directly from the land owner, it has to be transferred to the current owner and then to you subsequently.
Khata is nothing but the details of trransactions on the property, a record maintained by the competent authority which is a vital document for all future transactions with regard to the property.
Therefore you have to be cautious about it.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

1. It will first be transferred in the name of the next owner as per the application filed for khata transfer.

 

2. You shall have to file the said application subsequently to make the transfer in your name. 

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

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