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.