In our previous articles we have established the role and importance a Khata plays in the property buying and selling process. Important that this document maybe, its procurement can be quite a herculean task.
While there are some absolutely unique cases we have come across, here are some common problems people face while trying to get a Khata / or trying to get it transferred to their name:
Booking a flat with an A Khata but ending up with a B Khata – This is most common with buying a newly launched or an under-construction property. At the time of selling the property, the builder will produce an A Khata (which is for the plot he is constructing on) and the Building Approval Plan but in the course of construction, some of these developers would tend to deviate from the original sanctioned plan. For instance, if a builder gets permission to build 7 floors but ends up constructing 11, the building is clearly in violation of the approved plans and therefore the buyers will not get a Khata Certificate and will instead get stuck with a B Khata.
Falling prey to Touts – Another prevalent problem faced during Khata procurement is when you go to the BBMP office to get your Khata transferred and you end up with a fake Khata. Now this typically happens because on your way to meeting the official you are stalled by touts posing as ‘agents’ claiming to have connections in BBMP and vouching to get the work done faster. Only natural for people to fall prey to these agents or brokers because they think they can save all the running around by shelling out some extra money. But many a time, these Khatas turn out to be fake and it comes to light only at a later stage when nothing can be done about it.
Learning that the property you invested in is actually a disputed one – While not as rampant, there have been instances of situations where people have invested in properties, mostly empty plots, only to realize later that the property in question is disputed and leave alone getting an A Khata, even a B Khata is not possible.
Difference in property owner’s name on paper Vs BBMP records – When a person buys a property, it is advisable he gets all property documents in his name. And while a person may do everything right and get the Khata transferred to his name on paper, BBMP may not update its record and might continue to reflect the previous property owner’s name. Therefore, we recommend property owners to also ensure the records are updated online.
And there are always other issues – One prevalent issue is when people buy flats in an apartment complex and apply for a Khata, they are often asked to apply in groups of fellow flat owners. This is no law and just inconveniences the property owners delaying their entire paperwork completion process.
What can be done to avoid such situations?
a. It is highly recommended for one to seek a thorough legal opinion from a qualified property lawyer before making any investment. A legal opinion acts as a precursor to an investment and safeguards you from making purchases like buying a disputed property.
b. It is also important to check the antecedents of the owner since ownership disputes on the property may not show up in registered documents.
Hello\r\nMy mother had purchased an apartment in Bangalore last year. I have got complete Power of Attorney as she is aged and unable to take care of the property.\r\nHow do I get the B Khata transferred from builder to my name? The sale deed was between the builder and my mother, and I have got complete Power of Attorney for the property.
Hi Sarkar\n\nThe Power of Attorney gives you rights to act on behalf of your mother on the matters mentioned in the POA.\nHowever, the title is still in your mother?s name and unless that is transferred to your name through a gift / sale deed, the Khata cannot be transferred to you. If you need further assistance, email us at services@homeshikari.com or call us (9 am to 6 pm, Monday to Friday) at 080-67684444.
Please advise how to make out difference between fake and true khatha
Hi Padmavathi,\n\nIf the Khata has been issued electronically, then you can obtain a copy from BBMP Help Centre to authenticate if the one that you obtained is true. If the Khata is manual, then you need to approach the jurisdictional BBMP office to check its authenticity. Or you can file an RTI to check it.