• BBMP Khata Extract size/area v/s Sale Deed size/area mismatch

I recently bought a 17 year old flat in BBMP limits having A Khata.  Sale deeds (current as well as previous two) mention super built-up area (SBA) of 1300SqFt whereas Khata Extract mentions Built-up Area (BA) of 900SqFt due to which the official says Khata Transfer can't be done.  Per my understanding, built-up area could be around 1040 to 1100 which is not mentioned in Sale Deed explicitly.  Sale Deed does not mention size of car park or whether car park is part of SBA.  Property Tax amount paid matches BA of 1040 and Car Park of 150.
1. Does BBMP consider SBA or BA to calculate property tax for flat?
2. How can I get this corrected in BBMP records to match Sale Deed?
3. Was there any change in rule in past 17 years to consider SBA v/s BA?
4. Is it possible to get 2008-09 SAS form from BBMP files (through RTI)?
5. Last Khata transfer being done in 2010, can BBMP deny now?
Thank you!
Asked 2 years ago in Property Law from Bangalore, Karnataka
1. BA always comes lesser than SBA. The Municipality consider SBA wile calculating property tax at least in WB.
2. If you are facing any difficulty from BBMP then nothing to worry. Youe sale deed is given primacy.
3.No
4.Yes if the same is available with them.
5.No.
Devajyoti Barman
Advocate, Kolkata
5136 Answers
54 Consultations
4.9 on 5.0
1. First verify whether any ammended plan has been sanctioned or not by BBMP. If yes, your problem is over,

2. SBA, not BA, is taken in to consideration while calculating property tax by the Municipalities,

3. If you find any ammended plan sanctioned, then with that you can apply for correction in the BBMP record,

4. No, there is no such change reported,

5. Yes, very much. File an application as per RTI Act asking for the said information,

6. No. BBMP can not deny now.
Krishna Kishore Ganguly
Advocate, Kolkata
12027 Answers
226 Consultations
5.0 on 5.0
1) as per information available online in Bangalore property tax is calculated based on built up area . 

2) in many sale deeds in bangalore only super built up area is mentioned . you can get built up area of your flat from apartment floor plan . 

3) As per Bruhat Bangalore Property Tax rules 2009 built up area is defined as follows “Built up area” means total area covered by building or high rise buildings above the 
plinth level, and including all covered area like basement, mezzanine flooring, balcony 
whether covered or not; garage area, constructed boundary of swimming pool, fuel 
storage tanks constructed underground or above the ground, storage of merchandise in 
open space like timber, granite, bricks etc, stilts meant for parking and 
telecommunication and other towers and hoardings erected on the surface or top or any 
other open space of land or building but does not include,- 
(a) court yard at the ground level, garden, rocky area, well and well structures, plant, 
nursery platform around a tree, overhead water tank, fountain, bench with open top and the 
like; 
(b) drainage, culvert, conduit, catch-pit, gully pit, chamber gutter and the like; 
(c) compound or boundary wall, chejja, uncovered staircase,

4) to correct BBMP records you have to make inquires with BBMP as to the procedure to be adopted in this regard 

5)the definition of BA as per property tax rules 2009 has been reproduced for your benefit . 

6) file an RTI application with BBMP to obtain details  sought by you for 2008-09 

7) No BBMP cannot deny khata transfer now
Ajay Sethi
Advocate, Mumbai
23087 Answers
1212 Consultations
5.0 on 5.0
In Bangalore tax is calculated according to the built up area check whether it ia approved by BBMP. No change about the same had reported now.if there is some ammendments in plan get the sMe corrected from BBMP.you can give an application to the officer in RTI and get the details
Jeshma Mohandas KP
Advocate, Kozhikode
567 Answers
1 Consultations
3.5 on 5.0
Hello,
1.BBMp consider SBA for the purpose of calculating tax(In Bangalore, the super built-up area of the flat is taken for calculation of registration fee and stamp duty.)
2.Find out if there had been any changes in the BBMP Town Planning  and if any apply with a copy for rectification
3.No there has not been any changes.
4.You you can apply to get the information.
5.BBMP can not deny now.
S J Mathew
Advocate, Mumbai
1949 Answers
65 Consultations
5.0 on 5.0
A. BBMP would consider SBA while calculating property Tax. For more information regarding how to calculate property tax kindly see this link   http://asbpa.bbmp.gov.in/taxcalculate/Forms/frmSWMCessCalculator.aspx

B. Based on your sale deed you can apply rectification application before the BBMP. In case BBMP rejects your application, ask endorsement regarding the same.

C. No

D. Yes. You can seek SAS under RTI Act.

F. No, it is not possible.

G. File an application before the Apartment Association and BBMP to obtain recent approved plan and confirm the same.

H. You are liable to pay additional tax towards the 400 Sq.Ft from the date of construction of the building if you succeed to rectify the SBA in khatha extract and certificate of the BBMP records.
B.T. Ravi
Advocate, Bangalore
733 Answers
29 Consultations
5.0 on 5.0
1)SBA.
2)Contact area revenue officer in this regard.
3)No change with regard to SBA.But tax differs from residential to commercial.
4) Yes.
5) No, provided correct entries on documents as well as  actual.
Thanking you,
Subash M R
Advocate, Bangalore
176 Answers
8 Consultations
3.6 on 5.0

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