The Karnataka High Court has recently made it compulsory that the Bruhat Bangalore Mahanagara Palike (BBMP) cannot award 'B Khata' certificates to buildings and properties The High Court ascertains that these are just certifications for the eligibility of being assessed for property tax and are in themselves no way to be taken as proof of ownership or legality. In other words, if a property does not have an A Khata, it is illegal as per the Karnataka High Court. The High Court has ordered the BBMP to include all properties in the Form-A Register (A Khata). The ownership of a BBMP B Khata is not proof of ownership of your property and it means that it still has pending sanctions that have to be approved.
This mandate came on the heels of 20 residents of Sharadamba Residency, an apartment complex situated in Kengeri Hobli in South Bengaluru, getting together to do something about their plight. They approached the High Court and challenged the BBMP's move to issue their apartment complex only the B Khata.
While the motion may clarify a lot of confusion regarding A and B Khata, a lot of residents with B Khata are uncertain as to how to proceed further. Here are a few things you should know if you are the owner of a property and you only possess B Khata.
Understand what a Khata is
'Khata' means 'account' and is nothing more or less than a document that is proof that the property owner has an account with the BBMP for paying property tax. The Khata certifies that a particular property owner is liable to pay property for his or her property. The Khata has details like the name of the owner, size of property, location, tax assessment, built-up area, property number, demarcations and more specifications.
Understand that a Khata is not to be confused with title deed or occupancy certificate
A title deed is a written contract between the buyer and seller. Khata is different. It is nothing but a document validating that your property is eligible for property tax. You cannot apply for Khata without a title deed. Khata is not as good as an occupancy certificate. It is not a sign of ownership but just a document of assessment of property and a certification from the government that the property has been bought and now has a new tax assesse.
Understand the contents of a Khata document
The Khata consists of the Khata certificate and the Khata extract. The Khata certificate includes certification to the effect that a specific property's revenue records are in the owner's name. The second is the Khata extract, which gives details such as the location, demarcations and boundaries of the property, its exact dimensions, whether the property is residential or commercial, tax assessment details and more.
What is a PID?
A PID is a Personal Identification that is given to a property. With not all the properties under the BBMP jurisdiction possessing a PID, the High Court has made it mandatory for properties to have new PIDs instead of the old ones. A PID is a property identification number. PIDs hold important information on properties, ward number, street name and number, plot number and details and more. The new PID will show the BBMP who has and hasn't paid taxes and can be accessed online.
The question of A and B Khata has been created by BBMP, which maintains Form A and Form B for collecting property tax. The taxes of properties that are unauthorized residential or commercial are recorded in Khata B. The BBMP's misrepresentation of the provisions and rules of Section 108A (3) and Rule 11, and subsequently the developers' inability to procure occupancy certificate, has led to this widespread confusion. This is how the nomenclature of Khata A and Khata B came about, in 2009 when the BBMP wanted to derive taxes even from properties such as agricultural land that were in the midst of conversion and approval or were awaiting the same and other such exceptions.
Buying a property with B Khata
Having a B Khata certificate only certifies that the owner has been paying property tax and it is in no way an authorisation of his or her possession of that property. The person cannot sell or resell his or her property with only a B Khata. In December 2014, the High Court in Karnataka has declared that a building or property having only a B Khata is an illegal property.
What to do if you have a B Khata property
In the case of flats, it is important to put pressure on your developer to give you the occupancy certificate, instead of giving you just a Khata from the BBMP. In case of Khata, make sure if it is A or B Khata.
People with a B Khata property have to give other documents such as the title deed and all other paperwork that points to the fact that they have constructed property on non-agricultural land and with no violation of building norms and with enough space for road widening. Once an occupancy certificate is procured, then your Khata can easily be transferred to the A register. The documents needed are:
- Title deed and sale deed
- Copies of property tax receipts that have been paid previously
- Order of conversion of the land from agricultural to non-agricultural
- Proof of any improvement charges paid, if applicable,
- Khata extract issued by the Panchayat submitted by the developer
- A blueprint showing the location of the property and dimensions and other certified specifications
- The possession certificate
- The occupancy certificate
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