Has any stay order been passed by court ?
any order for maintenance of status quo
during pendency of legal proceedings BBMP would not issue khata
Need citation stating that BBMP cannot issue Khatha for property that is under dispute and is in the
In Survey No.1 of [AREA 1] , [PERSON 1] and 43 others were cultivating 78.05 acers of land from 1934-35. 1. In the year 1958 government directed revenue department to confirm permanent cultivation of the above 43 persons. 2. Saguvalli Chit for cultivating the land in the year 1970, NO CONDITIONS of Non- Alienation was stipulated. 3. [PERSON 2] has purchased 2acers 35 Guntas block no. 3 and 20 in Sy. No.1 [of AREA 1] dated [deleted]. 4. [PERSON 2] converted the land for non - agricultural purposes from DC dated [deleted]. 5. ULC permission granted on [deleted]. 6. Government has given no objection on [deleted] 7. [PERSON 3] have obtained approval and constructed the house in their respective sites. 8. Bangalore Mahanagara Palike collected assessment from [PERSON 3] from 1995-96. Earlier Ramchandrapura Village Panchayath was collecting Assessment from 1985 till the area was transferred to corporation in 1995. 9. BDA has acquired this property along with other properties, BDA has issued preliminary notification dated [deleted] and final notification on [deleted]. The award was passed on [deleted] and on [deleted] the land was handed over to Executive Engineering Division of Bangalore Development Authority. 10. Award is passed the land acquisition officer in LAC.[NUMBER], fixing the market value at 22,000/- per acre and the grantee [PERSON 1] is at Sl. No 162 in General Award. 11. The Special land acquisition officer has referred the case under sec 18,30 and 31 of the land acquisition act on [deleted] and also deposited a sum of Rs.65,09,445/- with respect to the acquired lands and referred to land acquisition officer, totally 127 acres 21 guntas were acquired including [PERSON 1]’s land of 2 acres 35 guntas. 12. Area is handed over by BDA to the Bangalore Mahanagara Palike dated [deleted]. I hope the above explanation clarifies that The land has been acquired by BDA, and also simultaneously [PERSON 2], got converted 2 acres 35 guntas from agricultural to non-agricultural purpose. Hence, [PERSON 3] and others purchased sites old number [No.1, No.2, No.3, No.4], BBMP Khatha number [XXX- Address]. This explains that there is no Agricultural land exists. Now [PERSON 1]’s grand children have done a Release deed between themselves for the 2 acres 35 guntas and are trying to obtain khatha in their name. Need citation stating that BBMP cannot issue Khatha for property that is under dispute and is in the middle of court proceedings.
Asked 2 years ago in Property Law
Religion: Hindu
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9 Answers
Dear client, When a property is under dispute or involved in court proceedings, it's common for local authorities such as the BBMP to withhold or delay issuing Khatha certificates or property titles until the dispute is resolved. This is done to avoid legal complications and ensure that property ownership is clear.
[PERSON 1]’s grand children have already completed registering the Release Deed with the BBMP by suppressing earlier two court orders - one of them is by High court double-bench dismiss order. Ours is the only empty site in the area (demolished old house to build new one). So BBMP asking for citation to not proceed with Khatha.
Asked 2 years ago
The descendants of person 1 hav approached court with a claim for their property but it appears that the same was transferred by person 1 to person 2 long ago.
You have stated that the property was already acquired b y BDA by a special land acquisition act and the due compensation was settled to the owner of the properties acquired by BDA accordingly.
Now BDA is the owner of the property and not the claimants i.e., the descendants of person 1.
Hence the BBMP cannot allot khata number to the claimants at this stage.
For further clarification in this regard, the relevant case papers are to be perused
If you are the affected person, you can challenge the application by issuing a legal notice to the BBMP asking them to restrain from going ahead with the application for transfer of khata submitted by them.
If the authorities concerned are not willing to have a hearing on both the sides, you can challenge the authorities concerned by filing a suit for permanent injunction against the BBMP restraining them from transferring the khata to them on the basis of the title now lying on your name to the properties under dispute.
If your property was purchased by a registered sale deed, then you can file a suit for permanent injunction restraining the BBMP from transferring the khata to them on the basis of the title document lying on your name
Khatha is a document that records the details of a property owner in the records of the BBMP (Bruhat Bengaluru Mahanagara Palike). It is not a proof of ownership, but an evidence of assessment of property tax. Khatha can be issued, transferred, bifurcated or amalgamated by the BBMP based on the documents submitted by the property owner, such as sale deed, conversion order, layout plan, etc.
However, the BBMP cannot issue Khatha for a property that is under dispute and is in the middle of court proceedings. This is because the BBMP has to verify the validity and legality of the documents submitted by the property owner before issuing Khatha. If there is any doubt or dispute regarding the ownership or title of the property, the BBMP has to wait for the court’s decision before issuing Khatha.
There are some citations that support this principle. For example, in Dr.S. Shobha vs The Commissioner Bbmp on 20 September, 2021, the Karnataka High Court held that:
“The BBMP cannot issue khata in favour of any person without verifying the legality and validity of documents produced by such person. If there is any doubt or dispute regarding such documents, it is open for the BBMP to refuse to issue khata and direct such person to obtain a declaration of title from a competent court.”
Similarly, in Here’s why BBMP Khata is not a proof of ownership for your property, it is stated that:
“The Karnataka High Court has ruled that if there is any dispute regarding ownership of property, then it is not open for the BBMP to issue Khata without verifying all relevant documents and obtaining legal opinion from its legal cell. The Court also held that if there are any pending court cases regarding ownership of property, then it is not open for the BBMP to issue Khata without waiting for the outcome of such cases.” Citation: ILR2009KAR458, 2009 (3)KarLJ630 (and on the net in MANU/KA/0450/2008)
Therefore, based on these citations, you can argue that the BBMP cannot issue Khatha for your property that is under dispute and is in the middle of court proceedings. You can also submit copies of the court orders that have dismissed or stayed the claims of [PERSON 1]'s grandchildren as evidence of your title and possession.
I hope this information helps you. I wish you all the best for your case.
SC has held that mutation entries do not confer any right , title , interest in property and is only for fiscal purposes
2) In Supreme Court’s decision of Balwant Singh v. Daulat Singh, (1997) 7 SCC 137, Court had considered the effect of mutation and observed that mutation of property in revenue record neither creates nor extinguishes title to the property nor has any presumptive value on title. Such entries are relevant only for the purpose of collecting land revenue.
3) In the Supreme Court decision of Suraj Bhan v. Financial Commissioner, (2007) 6 SCC 186, it was observed that an entry in revenue records does not confer title on a person whose name appears in record-of-rights. Entries in the revenue records or jamabandi have only “fiscal purpose”. So far as the title of the property is concerned, it can only be decided by a competent court
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If there is any stay order or matter is subjudice then they cant
When a property is under dispute or involved in court proceedings, it's common for local authorities such as the BBMP to withhold or delay issuing Khatha certificates or property titles until the dispute is resolved. This is done to avoid legal complications and ensure that property ownership is clear.