Hi I recently purchased a property partly. There are 2 floors to the house. So I purchased 1 floor and 50 percent UDS in the land. Another party purchased another floor with 50 percent UDS in land. The total site measurement is 1300 sq feet. The property is under revenue pocket of BBMP and has an A Khatha. Now We are planning to apply for a bifurcation and transfer of khatha for the 1 floor and 50 percent UDS (our share of property). Could you please guide us with the process. Some middleman told us this may not be possible. Please guide us.
Asked 12 months ago in Property Law from Bangalore, Karnataka
Hi, based on the sale deed you can apply for katha of the property in respect of your share so the BBMP will change the katha in respect of your 50% UDS.
If your sale deed has two schedules described in it i.e., the UDS and the super built up area in the 1st floor, then getting Katha to the property would be easy, otherwise it will be difficult.
Katha to the entire property will be bifurcated into two different Katha's one in your name and the other in the name of the other person who owns the other floor.
Required documents for Khatha Bifurcation
Application in prescribed form
Copies of Registered title deed
Tax paid receipts
Sketch showing the bifurcation of the property and its measurements
NOC from BDA if the property is located in BDA layout (for vacant lands)
Why would this not be possible? Since you have already purchased the property the seller must have executed a sale deed in your respective names. Both of you are at liberty to get the property mutated to the extent of your share therein. If the seller was the absolute owner of the property which has been sold to you and another buyer then the mutation can be carried out without any legal impediment.
The property was purchased jointly or individually. If individually then ass per the terms of the sale deed, you both should drawn a partition deed between yourselves by properly demarcating the boundaries to your properties and get it registered After this on the basis of this partition deed, both of you can apply for separate khatha on individual's name in respect of the properties now standing on their names.
Consult a good lawyer and get the properties partitioned and take his advises on all such further issues.
Hi thank you all for responses..
1. Mr. Kiran .. Yes we have 3 schedules.. First one describing whole property. Second one uds 50 percent. Third schedule describing super built up and common passages etc. So khatha process is simple I hope.
2. Mr.Ajay.. How do we make the sketch should it be from some architect.. Or just a sketch showing partition on white paper?
3.Mr. Ashish - Yes owner was the sole owner. He has executed 2 sale deeds. One in favour or me and other in favour of other buyer.What is mutation sir?
4. Mr.kalaiselvan. we already have separate sale deeds indicating our ownership and rights...why do we need separate partition deed..I don understand this. Pls explain if this s required.
Asked 12 months ago
get sketch done preferably from some architect
Mutation is incorporation of the ownership details in the record of rights maintained in the office of sub-registrar. Your title to the property flows from the sale deed. If there are separate sale deeds registered in your favour then you should be able to get the khatha separately.
First of all you have not identified your exact portion of the property still lying as undivided share (UDS), so how do you think that your separate sale deeds have demarcated the UDS in the property. Therefore a partition deed drawing the exact portion identified with check boundaries of individual shares shall be a proper form of owning and holding individual property. Hope this is clear or you can revert for more clarifications.
If you have 3 schedules for the said property like i stated earlier it would be easier to get the bifurcated katha to the property.
If possible enclose a rough sketch demarcating in two different colours the portion owned by you and the other portion owned by the other person for better understanding and easy katha process.You can have this sketch prepared by yourself at a local computer centre.