Wednesday 10 September 2014

NEED FOR KHATHA TRANSFER OF PROPERTY

Advocate S Selvakumar|Property advocates in Bangalore|Property lawyers in Bangalore


Immovable property is often transferred by approach of Sale, Will, Gift, Release, Settlement, Partition Deed, and Exchange or otherwise. When such a transfer, it's necessary to form entries within the revenue records on production of the relevant documents to the involved Revenue Authority.

Immediately upon registration of the conveyance document with the involved Sub-Registrar, you may not get absolute possession details in their records in respect of the property.Upon verification of the documents created on the market to them for transfer of Khatha in your name at the side of the prescribed fees, the involved Revenue Authorities can build necessary entries in their records indicating the possession of the properties in your name. Copies of those documents are provided to you upon payments of prescribed charges. You may even have to pay capital levy to the involved Authority frequently.

Types of Khatha
These documents are referred to as totally different|in several|in numerous} names at different places such as; Khatha Certificate, Khatha Extract, Khatha Endorsement, Phani, Chitti or Adangal. it should be noted that the title is that the document through that an individual derives a title or possession of the property and Khatha Certificate and Khatha Extract solely attest such possession. They’re supporting documents to the title.

The records maintained by the Revenue Authority shall contain details of property like size of the plot, location, engineered up space so on with a read to attain the precise quantum of capital levy due by you as per norms prescribed. These documents are used for identification of the person, who is primarily to blame for payment of capital levy. Capital levy could be a charge found out upon thought of the dimensions and usage of the property and every one the property house owners are duty guaranteed to pay capital levy frequently.

The Khatha Certificate is one amongst the essential documents needed to be created for getting building license, trade license or for getting loans from Banks and different monetary establishments. notwithstanding you would like to sell your property, you may need to manufacture obligatorily copies of the revenue records viz., Khatha Certificate, Khatha Extract and therefore the latest tax paid receipt at the time of Registration of Sale Deed within the territorial Sub-Registrar’s workplace, Khatha Extract would provide an account of assessment of a property for payment of capital levy.

Applying for Khatha
Only property house owners will apply for Khatha Certificate upon payment of up-to-date capital levy and therefore the prescribed fee. However, the Khatha Extract is often applied by anybody, upon payment of requisite fees per property for one extract. The Khatha Certificate and extract are often applied at the workplace of the territorial Asst. Revenue Offices or at any processed counter established by the metropolis Mahanagara Palike.

Holder Khatha
Whenever, the title documents don't seem to be stocked to the involved Revenue Authority and therefore the property with super structure is in possession of an indweller, the property are going to be assessed to capital levy registering khatedhar as ‘Holder’ to safeguard the interests of the Corporation Revenue. This Holder Khatha are going to be regularized on the assembly of Title Deeds and on payment of improvement charges. General Power of professional (GPA) Holders of a property with super structure on that may apply for Khatha in their name, wherever the Khatha are going to be registered as ‘Holder’ and taxes are going to be collected from such measure Holders.

New Khatha Registration
Applications for Khatha Registration could also be filed in Asst. Revenue workplace at the side of documents mentioned within the Sarala Khatha theme Book. Documents entomb alia embrace Sale Deed, Mother Deed, Encumbrance Certificate, National Savings Certificate and sketch showing the location details, at the side of the obligatory fees of 2 % of revenue enhancement paid on the Conveyance Deed and betterment charges, where applicable.

Bifurcation and symptom of Khatha
When a property is split into 2 or a lot of components, there's bifurcation and once there's merger of 1 or a lot of properties along there's symptom. A changed Khatha must be obtained in each the cases.


Transfer of Khatha
Khatha are often got transferred from the Vendor’s name to the Purchaser’s name upon the Registration of Conveyance Deed by following the prescribed procedure. Applications for Khatha Transfer could also be filed in Asst. Revenue workplacer’s Office at the side of the documents mentioned within the Sarala Khatha theme Book. The Sarala Khatha theme Book provides all the main points concerning the services of the Revenue Department, documents to be filed, fees to be paid, schedule of your time for the services and conjointly the rates for assessment of capital levy underneath the self-assessment theme. Documents to be fencelike to the appliance are identical as for brand new Khatha Registration at the side of up-to-date tax paid receipts. Vendee of such property is at risk of pay a pair of % of revenue enhancement as Khatha Transfer Fees.

Payment of capital levy
Property tax is often paid in 2 annual installments. The property for the primary 0.5 year can need to be paid among sixty days from the date of commencement of the assessment year. The second installment must be paid among sixty days from the date of commencement of the last half of the assessment year. Payment of capital levy on the far side sixty days as mentioned on top of can attract penal interest.

R.T.C.
RTC suggests that “Records of Right, residency & Crops for inspection”. RTC relates to Khatha of agricultural properties and it's otherwise referred to as as “Pahani”. it's a really vital document for agricultural land. RTC is issued by the Village comptroller underneath Rules forty, 42, fifty eight & seventy of Mysore Land Revenue Rules, 1966. RTC could be a important document to trace title of agricultural property. It contains the subsequent details:
1.Survey range,
2.Hissa range/Sub Number,
3.Total extent of Land & Kharab Land,
4.Revenue Details,
5.Kind of Soil,
6.Patta,
7.No: of Trees,
8.Total extension cultivated through irrigation,
9.Owner of possession within the land (column),
10.Kind of possession,
11.Other Rights & Miscellaneous,
12.Cultivation & residency details &
13.Use of land & types of crops.
RTC column serial Nos. twelve & thirteen contain total sixteen sub columns. It shows cultivator of the land, year and residency details, quite crops, details of water of growth of crops, details of water resources, average production of crops/acre and different details.

Mutation Extract
Mutation is known within the Revenue Department as a Transfer of Right. Mutation is created by the Village comptroller within the Register of Mutation. Mutation is issued in type No: eleven underneath Rule forty six of karnataka Land Revenue Rules, 1966. It contains seven columns as elaborated below:
1.Sl. No. shows mutation no: and year,
2.No. of relation to preliminary record or Taluk workplace or Sub-Registrar or different workplace,
3.Nature of Rights,
4.Survey no: and sub-division of details,
5.Order details to the enquiry Officers,
7.Date of issue of notice to the involved parties.

Village Panchayath Khatha type No: nine
The Gram Panchayath can issue Khatha in type No: nine underneath Rule thirty five of Mysore Panchayath dominion Rule, 1995. It contains the subsequent details:
1.Property no and details,
2.Owner of the land and
3.Total extent of the property with boundaries and annual tax.

Form No: ten
It is a requirement register of assessment of the annual year. The Gram Panchayath can issue type No. ten underneath Rule thirty five of karnataka Panchayath dominion Rule, 1995. It contains the subsequent details:
1.Property no:
2.Owner’s name and tax fixation for the assessment year
3.The details of the tax (i.e., sanitary, education, health, library, capital levy, electricity tax and water tax).
4.Instead of type nine & type ten, type one  type No: twelve are currently issued that contain similar details in respect of properties settled within the Village Panchayath space.
5.It is better that for peaceful possession and pleasure of your property with associate degree absolute, clear and marketable title, you have got to induce the Khatha transferred in your name now upon purchase.


More,

No comments:

Post a Comment