Академический Документы
Профессиональный Документы
Культура Документы
Whitefield
Khata Guide
History, FAQ & Guidelines
Raghunandan TR
1 SUMMARY
This document is in three parts. The first is a history of the Whitefield area and why we have a Khata problem. The
second post is a set of FAQs on Khatas. The third post is some general guidance on how to approach the
authorities for your Khatas. I hope this is useful. Will be happy to take questions, but on the group, because I am
not in town at the moment.
Box 3
Most cities in the country are
growing rapidly and Bangalore
is probably the fastest amongst
them. Since land values are very
high in the city, many
commercial property developers
began to develop housing and
apartment complexes on the
periphery of the city, in lands
mostly
located
in
Gram
Panchayats.
Now,
Gram
Panchayats are governed by the
Karnataka Panchayat Raj Act,
and it is under this act that they
give the building licenses to
construct. But this law is not
designed to consider instances of
construction of such large and
complex layouts it is more for
the purpose of handling the
construction of farmhouses and
smaller individual houses. But
since there is a time lag between
the
actual
process
of
urbanization and the formal
process of including such built
up areas into the BBMP, Gram
Panchayats had to cope with the
task of giving licenses to these
builders to construct complexes.
They were unable to do this well.
2.4
FORMATION OF BBMP
Merger of Whitefield into BBMP and the issues that consequently arose:
Box 3
large and complex layouts it is
more for the purpose of handling
the construction of farmhouses
and smaller individual houses.
But since there is a time lag
between the actual process of
urbanization and the formal
process of including such built
up areas into the BBMP, Gram
Panchayats had to cope with the
task of giving licenses to these
builders to construct complexes.
They were unable to do this well.
Now, the BBMP was faced with a big problem. Let us remember one
thing, who loses more, if property owners do not have Khatas?
Whilst the Khata is an important document for all of us, it is actually
more important for the BBMP, because it is the property list on the
basis of which tax can be collected by the BBMP. If a Khata is not
given by the BBMP, they lose much more than we do. They cannot
collect property tax from you!
2.
The above information takes a little time to absorb, but then, confusion is what corrupt people want! The
BBMP staff has been spreading confusion and misinformation about the above issues. Along with the BBMP
staff, others in the business of confusion include builders agents and other intermediaries.
The first element of confusion that is being created by these elements is that all citizens must apply for a fresh
Khata. This is completely untrue. There is no written instruction in this regard. In case you have an erstwhile
Panchayat or Mahadevapura CMC Khata, then there is no question of applying for BBMP Khata. Once these
areas are taken over by the BBMP on an as-is-where-is basis and it is their duty to amalgamate the registers. If
they have not done so, the burden of applying for a Khata does not lie with Property owners.
3.
4.
BBMP has not disclosed the actual legal position to the general public, but their staff verbally insists that even
those who have CMC Khatas must apply afresh to obtain a new BBMP Khata. A Khata once issued by a local
authority is final and they need not apply for another Khata at all.
Asking us to apply afresh for a Khata is as ridiculous as saying that once weve come under the BBMP, we must
renew our birth certificates, failing which we will all be treated as officially unborn.
deed is also guaranteed by the Government. In other words, if it is found that the title is wrong, then the
government is liable to compensate people who suffered loss on account of dealing with such lands.
In India, we do not have any such Title document. So we have to assemble together the proof of ownership
through a set of documents, which can establish to a high degree, that we own a particular property. These
documents are
(a)
(b)
(c)
(d)
Thus, a Khata is an important document because it is an important evidence of who owns and possesses the
property concerned. However, it is not the sole or conclusive evidence. And its accuracy is not guaranteed by the
government.
In the absence of a single title deed, in India, whenever you are involved in a transaction that relates to property,
say, for example, you apply for a building license or a license for trade, or if you apply for a loan from a bank or
financial institution, you are asked to produce a Khata document, because thats one way of establishing that you
own property. So the importance of a Khata has grown, (a) because of long established practice and (b) because
there is a legal vacuum we do not have a guaranteed land titling system in India.
3.4 WHAT IS THE PHYSICAL FORM OF THE KHATA THAT WE ARE ENTITLED TO?
There are two Khata related documents from the BBMP. These are (a) the Khata Certificate and (b) the Khata
Extract. All property owners/holders who hold property within the jurisdiction of the BBMP are eligible to obtain a
Khata document from the BBMP.
Category B
Those who have a
Village panchayat
Khata issued by the
erstwhile
Whitefield Village
panchayat, but for
some reason, were
unable to obtain a
Khata issued by the
erstwhile
Mahadevapura
CMC. These would
be mostly long
standing residents
Category C
Those who have no
Khatas, who are
eligible for A
Khatas and want to
apply for these
Category D
Those who have
already obtained
B Khatas from
BBMP and want to
convert
their
Khatas into A
Khatas
Category E
Those who have no
Khatas, who are
eligible for B
Khatas and want to
apply for these.
For each of these categories of people, here are the strategies to be followed:
All earlier documents of proof of ownership, such as sale deed, land alienation order (conversion of
agricultural to non agricultural property, earlier Khata extract of Mahadevapura CMC and/or Whitefield
Village Khatas.)
These residents will also have to keep their tax paid receipts for having paid property tax, both in the
Whitefield Village (if available) as well as in Mahadevapura CMC
Also proof of residence, such as electricity and water bills, Passport copy, Driving licence copy, ration card,
pan card election voter card
The application fee is Rs.25/- per property, for which the Khata certificate is sought.
All earlier documents of proof of ownership, such as sale deed, land alienation order (conversion of
agricultural to non-agricultural property, earlier Khata extract of Mahadevapura CMC and/or Whitefield
Village Khatas.)
These residents will also have to keep their tax paid receipts for having paid property tax, both in the
Whitefield Village (if available) as well as in Mahadevapura CMC
Also proof of residence, such as electricity and water bills, Passport copy, Driving licence copy, ration card,
pan card election voter card
4.2 CATEGORY C
B.
Revenue Pockets, BDA Reconveyed areas, Gramathana, high rise buildings (both apartments and
commercial complexes)
(1) Application in prescribed form
(2) Title documents, flow chart of the Title
(3) Copies of previous tax paid receipts
(4) Proof of improvement charges paid
(5) Khata extract issued by previous authority / local body.
(6) Sketch showing the location and measurements of the property
(2) 30 working days in the case of revenue extensions, BDA re-conveyed areas, gramathana, high-rise
buildings (both apartments & commercial complexes)
4.2.2 CATEGORY D
Those who have B Khatas and want A Khatas
These individuals have already obtained B Khatas, so they will have to produce those additional documents that
show that they have constructed the structure after following all rules and regulations. As soon as the intervening
irregularity is made up, for example, you get the occupancy certificate, or the non-agricultural occupation of land is
regularized, your Khata is transferred to the A Khata register.
The primary task is to show that the intervening irregularity has been since cured. For this, one will have to obtain
the following documents, which are to be given by the builder:
(1) Title documents, flow chart of the title [The developer has to give these details. Normally it should form
part of the sale deed itself.]
(2) Copies of previous tax paid receipts,
(3) Order of conversion of land from agricultural to non-agricultural purpose
(4) Proof of improvement charges paid, if any,
(5) Khata extract issued by the erstwhile Panchayat (The developer has to give this copy.)
(6) A Sketch showing the location and measurements of the property (the builder has to give a certified
measurement)
(7) The possession certificate
(8) The occupancy certificate: The key is the Occupancy certificate, which the BBMP issues to the Builder, (in
the case of flats). This shows that all rules and regulations have been followed.
Khata, then he is lying to you. He cannot get you an A Khata. If he has an occupancy certificate, then he must give
you a copy. If the builder refuses or dodges you, then you can safely presume that your case it not still fit for
securing an A Khata. Moreover, your builders promise to get you a B Khata is no big deal, because you can apply
for it and get it yourself!
If you have the Occupancy certificate along with the other certificates required, then you can apply for a Khata
registration, in exactly the same manner as described above.
Depending on whether you apartment has the occupancy certificate issued by the competent authority or not you
will need to enclose the documents as mentioned above. This information, on the documents required are posted
on the BBMP website www.bbmp.gov.in under "Katha service". In the said page itself it is mentioned that if the
building is built on revenue land and has not been regularized by the government, then, BBMP for the purpose of
property tax will enter the particulars in B register and issue a B Katha. Therefore you should not have a problem in
getting the B Katha at least.
4.2.3 CATEGORY E
Those who want B Khatas:
This is the residual category; comprising of property owners who do not fit into any of the above categories. Most
likely, these individuals own properties that are constructed on revenue land, i.e., land that was not converted
from Agricultural to non-agricultural use before construction. In such cases, B Khata Registration will be done and
details of such properties will be maintained in a separate register named the B Register of the BBMP.
The application process for B Khatas is similar to the Khata registration process, except that there is a separate
form in which to apply. Once the application is made, the Khata will be registered and the property assessed for
property tax, which the holder will be liable to pay.
Please not, Section 108 A of the KMC Act also very clearly states that the levy and collection of property tax under
sub-section (3) by assigning a B Khata does not confer any right to regularise violation made, or title, ownership
or legal status to such building and such buildings shall always be liable for any action for violation of law in
accordance with the provisions of this Act or any other law.
5 AVOIDING BRIBE
My closing post is on some simple ways you can avoid paying bribes in getting your Khatas.
Make your effort a collective one. Assign roles to people and they should play their roles. There are no
leaders, just teams of people. Let all decisions be collective decisions.
Be confident and firm and believe that you will succeed. You are not going to commit a crime by asking for
your rights. You must not be put off by roadblocks and delays.
You must be very polite when dealing with government officers, but also firm. Plese make it very clear
that you will not pay a bribe at any cost.
Please do all your homework in advance. My notes may be a starting point, but they might not be
complete. So double check my advice also. Most corrupt offices take us for a ride because we do not do
any homework before going to seek something.
Please be patient, when faced with delaying tactics. After all, youve waited so long for Khatas; so you are
in no particular hurry, are you? If you are asked to wait, please do. But do not go away without being
heard.
Additional information: When an official is consistently unavailable in office, please leave a letter that says
(for example) that you came to visit the official at the time and date specified but that he/she was not
available. Please say that his/her staff told you to come again on another date (to be specified). Such
letters will make the official feel that he/she must take special care of your work that you are people
that should be taken seriously.
Please do not deal with any middlemen outside the office. Some will surely approach you, when they
know that you want your Khatas. First, they will offer their help, for a price. Then when they find out that
you are serious about going about this without bribing, they will become rude, even threaten you of
undesirable consequences. Plese behave exactly in the same fashion as before. Listen to them at best, and
then ignore them and go about your work yourselves.
Try to tackle the government officers as a group, never alone. People in corrupt offices get a little worried
when you go as a group.
Speak openly. If somebody hints at a bribe, Politely cut him short and tell him/her clearly, within the
hearing of others, that you will not pay bribes.
Please do not accept any oral instructions from any government official. If any government official speaks
of a procedure, that you do not know of or is not in the rule book, (a) write a letter saying that they
demanded these papers and seeking to know the written instructions under which these are mandatory.
(b) If there is no response, file RTI applications to find our whether such a written instruction exists. (c)
Also use RTI Act to find out whether such papers have been demanded from other applicants.in this
regard.
A hint here: It you are asked to bring some additional papers, and then an official offers to do the work
without these additional papers for a bribe, then it is conclusive proof that such papers are unnecessary in
the first place.
Please do not submit any applications or papers, without obtaining a written acknowledgement that such
papers have been submitted. Also, under Sakaala, please note that you are entitled to receive an
acknowledgement for an application.
Please carry recording instruments; such as a mobile. Every conversation can be recorded and then
documented, including time and day. (This might be considered a little tedious but this is very useful,
because we all tend to forget very quickly, what was said).
So that's it. Good luck. And if you want help, please ask.
6 REFERENCE
https://www.facebook.com/groups/whitefieldrising/permalink/690757917682146/
https://www.facebook.com/groups/whitefieldrising/permalink/690760324348572/
https://www.facebook.com/groups/whitefieldrising/permalink/690763504348254/
https://www.facebook.com/groups/whitefieldrising/permalink/690765541014717/