Legal and Regulatory Framework Governing Khata Transfer

by  Adv. Deepika Pandey  

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2 mins

  

Navigating the Legal Landscape: Understanding Khata Transfer Regulations

Laws Governing Khata Transfer

Several laws and regulations govern the Khata transfer process in Karnataka, ensuring that property transactions are transparent and legally compliant.

Key Legislation

  1. Karnataka Municipal Corporation Act, 1976: This act outlines the responsibilities of municipal corporations, including property tax assessment and the issuance of Khata.
  2. BBMP Rules and Regulations: Specific rules laid down by the Bruhat Bengaluru Mahanagara Palike (BBMP) govern the procedures for Khata registration, transfer, and conversion.
  3. Registration Act, 1908: This act governs the registration of property transactions, including sales, gifts, and inheritances, which are prerequisites for Khata transfer.

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Important Provisions

  • Section 114: Pertains to the preparation and maintenance of property records by municipal authorities.
  • Section 120: Addresses the assessment and collection of property taxes based on Khata entries.

Role of BBMP (Bruhat Bengaluru Mahanagara Palike) in Khata Transfer

The BBMP plays a crucial role in the Khata transfer process, ensuring that property records are accurately maintained and updated.

Responsibilities of BBMP

  1. Property Registration: BBMP registers properties and issues Khata certificates, confirming the property’s inclusion in the municipal records.
  2. Tax Assessment: It assesses property taxes based on the details recorded in the Khata.
  3. Verification and Inspection: Conducts field inspections and verification processes to ensure the accuracy of property details.
  4. Issuance of Certificates: Provides Khata certificates and extracts upon successful completion of the transfer process.

BBMP’s Role in Khata Transfer Process

  • Application Processing: Reviews and processes Khata transfer applications submitted by property owners.
  • Document Verification: Verifies the authenticity and completeness of the documents submitted.
  • Field Inspections: Conducts site visits to ensure the property details match the records.
  • Final Approval: Issues the updated Khata certificate once all checks are completed.

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Recent Amendments in Khata Regulations

Recent changes in Khata regulations have aimed to streamline the process, improve transparency, and enhance service delivery.

Notable Amendments

  1. Digitisation of Records: BBMP has digitised property records, making it easier for property owners to access and update Khata details online.
  2. Online Application Portal: The introduction of an online portal allows for the submission and tracking of Khata transfer applications, reducing the need for physical visits to BBMP offices.
  3. Property Tax Self-Assessment Scheme (PTSA): This scheme simplifies the process of property tax assessment and payment, facilitating easier Khata transfers.

Impact of Amendments

  • Increased Efficiency: Digitization and online services have significantly reduced processing times and administrative burdens.
  • Greater Transparency: Online access to property records and application statuses has improved transparency and accountability.
  • Ease of Access: Property owners can now complete many aspects of the Khata transfer process from the comfort of their homes, reducing the need for frequent visits to BBMP offices.

Examples and Practical Insights

Example: Impact of Digitization

Mr. Gupta recently applied for a Khata transfer using the BBMP’s online portal. By uploading the necessary documents and paying the fees online, he avoided multiple trips to the BBMP office. The digitised records allowed for quick verification, and he received his updated Khata certificate in less than a month.

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Frequently Asked Questions on the Khata Transfer Process

Q1. What is Khata transfer? 

Ans1. Khata transfer is the process of updating property records to reflect the change of ownership after a property transaction, such as a sale or inheritance.

Q2. Which laws govern the Khata transfer process in Karnataka? 

Ans2. The Khata transfer process is governed by several laws, including the Karnataka Municipal Corporation Act, 1976, BBMP Rules and Regulations, and the Registration Act, 1908.

Q3. What role does the BBMP play in the Khata transfer process? 

Ans3. The BBMP is responsible for registering properties, assessing property taxes, conducting field inspections, verifying documents, and issuing Khata certificates.

Q4. What documents are required for Khata transfer? 

Ans4. Required documents include the sale deed, latest property tax receipts, encumbrance certificate, identity proofs, and the Khata transfer application form.

Q5. How has digitisation impacted the Khata transfer process? 

Ans5. Digitisation has increased efficiency by reducing processing times and administrative burdens, improved transparency, and made it easier for property owners to access and update Khata details online.

Q6. What are the key features of the Karnataka Municipal Corporation Act, 1976 related to Khata transfer? 

Ans6. Key features include Section 114, which pertains to the preparation and maintenance of property records, and Section 120, which addresses property tax assessment and collection based on Khata entries.

Q7. What are the benefits of using the BBMP’s online portal for Khata transfer? 

Ans7. The online portal allows for the submission and tracking of Khata transfer applications, reducing the need for physical visits to BBMP offices and making the process more convenient and efficient.

Q8. How does the BBMP verify Khata transfer applications? 

Ans8. The BBMP verifies applications by checking the authenticity and completeness of submitted documents and conducting field inspections to ensure property details match the records.

Q9. What recent amendments have been made to Khata regulations? 

Ans9. Recent amendments include the digitisation of records, the introduction of an online application portal, and the Property Tax Self-Assessment Scheme (PTSA), all aimed at streamlining the process and improving service delivery.

Q10. Can you provide an example of a successful Khata transfer? 

Ans10. Mr Gupta used the BBMP’s online portal for Khata transfer, uploading necessary documents and paying fees online. The digitised records allowed for quick verification, and he received his updated Khata certificate in less than a month.

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Adv. Deepika Pandey

Adv. Deepika Pandey

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Deepika Pandey offers legal consultancy and advisory services with a keen emphasis on ethical and professional conduct to achieve favourable results. He has 5 years of experience in handling legal cases. As a result of his strong communication skills, Deepak is able to present his clients' cases with clarity and persuasion.

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