• Khata bifurcation to individual flat level - who is responsible?

In the present case, my builder built an apartment with 4 towers total 270 flats. Now question is related to khata bifurcation for the project, which is not yet completed by the builder. Out of a total of 270 flats, approximately 200 flats have already been registered to individual owners.

Under these circumstances, kindly clarify the legal responsibility for obtaining the individual flat-level E-Khata. Is it the statutory obligation of the builder/landowner to first complete property assessment and bifurcation of the mother khata into individual unit khatas for the entire project? Or are individual flat owners legally required to approach BBMP independently and apply for E-Khata without the builder’s involvement, despite the absence of bifurcated khatas?

1. Is it legal to bifurcate the landowner/builders' khata by my self with the help of sale deed?

2. Is it the responsibility of the builder to bifurcate and give an individual unit khata to the buyer? What are BBMP rules for this?
Asked 1 month ago in Property Law
Religion: Hindu

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6 Answers

It is the lresponsibility of the builder to complete the property assessment and bifurcation of the "mother khata" (land khata) into individual unit khatas.

The builder must ensure the project has an Occupancy Certificate (OC) and approved plans, as BBMP regulations now strictly mandate "No BDA/Plan approval = No Khata bifurcation".

 

 

2} Once the builder has initiated the bulk bifurcation and the individual units are assessed, it is the owner's responsibility to apply for the transfer of that bifurcated khata into their specific name using their registered Sale Deed

 

3}Under the new mandatory e-Khata system ), BBMP has launched a "bulk khata" dashboard for developers to process large projects. If the builder fails to do this, owners often must come together as an Association of Apartment Owners to apply for collective bifurcation

Ajay Sethi
Advocate, Mumbai
100006 Answers
8163 Consultations

Individual flat owners cannot legally obtain a valid E-Khata on their own unless the project khata is first bifurcated by the builder/landowner at the BBMP level.

The primary statutory responsibility to get the mother khata assessed, bifurcated, and unit-wise khatas created lies on the builder/landowner, not on individual buyers. 

BBMP rules do not permit piecemeal or unilateral bifurcation by individual flat owners using only their sale deeds when the project khata itself is not split.

BBMP can issue individual unit khatas only after:

Completion of project-level assessment

Verification of approved plan, OC/CC (or deemed OC where applicable)

Division of built-up area and undivided share (UDS) across all units.

Therefore, BBMP will not (and legally should not) bifurcate the mother khata at the request of one or some flat owners alone.

T Kalaiselvan
Advocate, Vellore
90208 Answers
2506 Consultations

Yes it can be done through sale deed: yes possible under bbmp provisions

Prashant Nayak
Advocate, Mumbai
34680 Answers
249 Consultations

Your query concerns E-Khata / khata bifurcation for an apartment project within BBMP limits. This is a common issue, and the legal position is fairly settled.

 

In an apartment project, the primary statutory responsibility lies with the builder or landowner, not with individual flat purchasers.

 

Khata bifurcation at the individual flat level can be undertaken only after completion of the project in accordance with the sanctioned plan, issuance of an Occupancy Certificate (or deemed completion), assessment of the entire property by BBMP, and bifurcation of the mother khata into individual unit khatas based on the undivided share of land. Until these steps are completed, BBMP generally does not permit lawful creation of final unit-level E-Khatas.

 

With regard to whether an individual flat owner can independently bifurcate the khata using only the sale deed, the answer is no, not lawfully. A registered sale deed by itself does not empower an individual owner to unilaterally bifurcate the builder’s or landowner’s mother khata. BBMP requires project-level assessment, approved building plans, OC or CC, and joint measurements and schedules originating from the builder. In the absence of these, any khata obtained individually is either provisional, irregular, or susceptible to cancellation in the future.

 

As to responsibility, it is both legally and practically the builder’s obligation to complete khata bifurcation and facilitate issuance of individual unit khatas. Under the BBMP Act, municipal laws, and RERA obligations, the builder must complete property assessment, ensure bifurcation of the mother khata, facilitate creation of individual unit khatas, and hand over documents enabling mutation. This responsibility also flows from the builder’s duty to convey a marketable and complete title, not merely to execute registered sale deeds.

 

BBMP rules do not envisage a situation where hundreds of individual owners separately approach the authority for khata when the parent khata itself has not been bifurcated at the project level.

 

It is also important to note that registration of sale deeds does not override municipal compliance. BBMP may accept property tax payments without issuing final E-Khata, but such payment does not cure the underlying defect. Buyers cannot be compelled to regularise a builder’s statutory default, and any individual khata issued prior to project-level bifurcation can later be questioned or cancelled.

 

The advisable course of action is to demand in writing that the builder completes project-level khata bifurcation, preferably through a collective representation by the apartment owners or the association. If the builder remains unresponsive, remedies are available under RERA for failure to provide complete documentation, by way of representation to BBMP, and before the consumer forum or civil court for deficiency of service.

 

In summary, individual flat owners cannot lawfully bifurcate khata on their own, the builder is responsible for bifurcation of the mother khata, BBMP rules require project-level compliance first, and a sale deed alone is insufficient to obtain an independent and final E-Khata.

Yuganshu Sharma
Advocate, Delhi
1125 Answers
4 Consultations

For BBMP e‑Khata, the owner/flat buyer normally applies, but the builder must first obtain approvals (plan sanction, OC, parent khata, tax clearance) so that BBMP can legally bifurcate the master khata into unit‑level khatas.

  • 1) Can you bifurcate yourself using sale deed?
    Yes, individual flat owners (or association) can apply to BBMP/e‑Aasthi for new e‑Khata using their registered sale deed, EC, OC/plan approval, and tax receipts, even if the builder is uncooperative, provided the project has proper approvals.

  • 2) Is builder responsible? What do BBMP rules say?
    Practically, BBMP treats the current owner as applicant for khata, so charges/applications are usually the buyer’s responsibility, but if your sale agreement says the builder must deliver individual khata, you can enforce that civilly.
    BBMP rules require valid planning authority approvals and, typically, an Occupancy Certificate before bifurcation; without these, BBMP may refuse or delay khata splitting, and the association may need to regularise compliances or pursue the builder.

Shubham Goyal
Advocate, Delhi
2224 Answers
17 Consultations

The primary legal responsibility for khata bifurcation lies with the builder/landowner. As per the Karnataka Ownership Flats Act and standard sale agreements, the developer is obligated to provide clear, marketable title, which includes completing all statutory formalities, especially the crucial step of creating individual unit khatas from the mother khata. BBMP rules mandate this bifurcation before individual E-Khata can be issued, as the municipal assessment for property tax must be subdivided.

While individual flat owners can apply for E-Khata independently, the process is contingent on the builder first completing the project-level bifurcation with BBMP. Without this, your application will likely be rejected. Your sale deed is a critical document, but it alone is insufficient if the land records are not bifurcated.

Therefore, the builder is legally obligated to initiate and complete the bifurcation. Your recourse is to collectively pressure the builder through a legal notice from all flat owners, citing breach of contract. If he fails, you may need to approach the Consumer Forum or civil court to compel him to fulfill this statutory duty, as obtaining individual khata is essential for securing loans, resale, and other transactions.

Lalit Saxena
Advocate, Sonbhadra
144 Answers

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