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The Khata of property which we own is still in the name of my father who has died five years ago. At present the property is jointly owned by my mother, me and my sister as per the Will made by my father. Tax paid receipts is issued in the name of my father. Their property is in Bangalore. Please advise the procedure for transfer of Khata in our names.  Can the Khata be in any one of our names?

- by Kiran, Bangalore

You have to apply to the Jurisdictional City Corporation office for transfer of Khata.  The prescribed form has to be duly filled in, signed and submitted to the Corporation Office. In your case, the copy of the document evidencing the transfer of immovable property will also be submitted along with an application. The Khata can be made in joint names of all three persons or can be in any one of the names in which case other owners have to file their No Objection Affidavits. After lapse of the statutory period the Khata will be transferred in the name of the applicant.


Transfer of Khata attracts a transfer fee of two percent of stamp duty paid on the transfer document. But in your case, the transfer document being Will, will not attract any stamp duty and hence no charges are to be paid. After the transfer of Khata, tax receipts will be issued in your names.

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These are all the legal questions answered by Advocate S.Selvakumar in various magazines, in various occasion including realestate reporter monthly.

QUESTIONS

Q:- There are two houses in a compound. I am staying in the house which is behind my cousin's. To reach the road we have been using the passage that runs through my cousin's property for more than 25 years. He sold his property to another person without our knowledge and the new owner is obstructing our passage to the road. There is no other alternative route to the road. What shall we do?

Q:- Certain hidden facts like pending cases, prior agreements, government notification of the property cannot be traced easily by verification of the documents. How can these hidden factors be uncov┬Čered, and what should a purchaser do to protect himself against these factors?

Q:- What is the procedure for Khata transfer and the actual cost to transfer the Khata. How do we know that the Khata transfer certificate is original?

Q:- I am not able to understand the difference between Khata Certificate and Khata Extract. Would you please enlighten me on this?  Could you also brief me about the importance of Encumbrance Certificate?

Q:- My son wants to purchase a plot near Horamavu, but on verification of CDP map, the plot was found to be in green belt area. I have been advised that non-agriculturist is not eligible to purchase agricultural lands. The present owner assures me that the problem can be solved by registering the land in Sq, fts. Instead of guntas. My father is a farmer. Many such transactions have taken place. Can my son purchase this land and construct a house. There are also chances of land being notified by BDA, in that case what are the consequences?