Khata transfer and the apartment owners' association after possession

8.5.1 What is khata transfer for a new flat?

Khata transfer is the change of the owner’s name on the property record, and for a new flat it comes in two steps. A khata is the property record that the city keeps for tax and ownership. Inside Greater Bengaluru Authority (GBA) limits, it is an e-khata on the e-Aasthi portal. First, your flat must get its own e-khata. The developer applies once for all the flats in the building through the GBA Bulk New Khata service. Second, after you register your sale deed, the e-khata is mutated into your name. The order matters. The GBA e-Aasthi FAQ says the Kaveri registration system is integrated with e-Aasthi. It adds that a registered sale is not possible without a Final e-khata. So the flat’s Final e-khata must exist before your sale deed, and the mutation to your name follows the deed. The e-khata chapter explains Final e-khata, A khata and B khata in detail.

Step	Who acts	When
Land under the building gets an e-khata (ePID)	Landowner or builder	Before the flats can get one
Flat gets its own e-khata (Bulk New Khata)	Developer, authenticated by the owner of the land’s ePID	After the OC, before your sale deed
Sale deed registered	You and the builder	After the flat’s Final e-khata
e-khata mutated into your name	You, on the e-Aasthi portal	After the sale deed

8.5.2 How does a new flat get its own e-khata?

A new flat gets its own e-khata when the developer files a Bulk New Khata application for the building on the GBA portal. The GBA portal says the land under the building, the mother property, must already have an e-khata with an ePID. The owner of that mother ePID must authenticate the application with Aadhaar, and the portal says a non-owner cannot apply. In a joint development project, that owner can be the landowner, so a delay there can delay your flat’s e-khata. The khata type depends on approvals. If the building has a valid building plan approval and an occupancy certificate (OC), each flat is considered for an A khata. Without them, each flat can get only a B khata. For each flat, the applicant enters the carpet area, the share of common built-up area and any exclusive area. Ask the builder when the application was filed, and get your flat’s ePID.

1. Check that the project land has an e-khata (ePID) before you book.
2. Wait for the OC for your tower.
3. Ask the builder when the Bulk New Khata application was filed.
4. Get your flat’s ePID, and check its details on e-Aasthi.
5. Check that the Final e-khata is transactable before your sale deed.

8.5.3 How do you move the e-khata into your name, and what does it cost?

After your sale deed is registered, check that the e-khata on the e-Aasthi portal moves into your name. This change is a mutation. The GBA portal states a mutation fee of 2 percent. It says the fee is calculated on the stamp duty value, not the guidance value. It also says the fee typically ranges around ₹20,000 to ₹40,000, depending on the property value. The portal does not show how a 2 percent fee gives this range, so confirm the amount for your flat before you pay. The GBA helpline is 94806 83695. Download the Final e-khata in your name when it is ready. The portal lists ₹125 for each Final e-khata print or download. Keep the e-khata with your sale deed and tax receipts. You need it to pay property tax in your name, and to sell or mortgage the flat later. The property tax chapter explains the tax in Bangalore.

Item	Charge (GBA portal wording)	Note
Mutation into your name	2 percent, on the stamp duty value	Portal says it is typically around ₹20,000 to ₹40,000
Final e-khata print or download	₹125 for each	After the mutation
Confirmation	GBA helpline, 94806 83695	Before you pay

8.5.4 How is the apartment owners’ association formed?

The owners’ association is formed by the flat buyers, and the RERA Act makes the builder enable it and every buyer take part. Section 11(4)(e) of the RERA Act, 2016 makes the builder enable the formation of an association of the allottees. It can be an association, a society or a co-operative society, under the laws that apply. If no local law applies, the association must be formed within three months of a majority of the allottees booking their flats. Section 19(9) says every allottee must take part in forming it. In Karnataka, one law that can apply is the Karnataka Apartment Ownership Act, 1972. Section 2 of that Act says it applies only to a property that the owners submit to it, by executing and registering a Declaration. Section 16 says such a property is governed by bye-laws attached to the Declaration. These bye-laws must provide for electing a Board of Managers, with at least one-third of its members retiring each year. Ask the builder which form your association will take.

Rule	What it says	Source
Builder enables the association	Under the laws that apply	RERA Act, Section 11(4)(e)
If no local law applies	Formed within three months of a majority booking	RERA Act, Section 11(4)(e), proviso
Every buyer takes part	A duty of each allottee	RERA Act, Section 19(9)
Apartment Ownership Act	Applies only after a registered Declaration	Karnataka Act 17 of 1973, Section 2
Bye-laws	Board of Managers, one-third retiring each year	Same Act, Section 16

8.5.5 What must the builder hand over to the association?

The builder must hand over the common areas, and the documents and plans for them, to the association. Section 17(1) of the RERA Act makes the builder execute a registered conveyance deed for your flat. The same section gives the undivided proportionate title in the common areas to the association of allottees or the competent authority. Section 17(2) covers the time after the OC and handover of possession. The builder must then hand over the necessary documents and plans, including the common areas, to the association or the competent authority. Until the association takes over, the builder runs the project. Section 11(4)(d) makes the builder provide and maintain the essential services, on reasonable charges, until the association takes over the maintenance. When the association takes over, ask for the approved plans, the OC, the equipment manuals and warranties, and the account of any maintenance deposit. Keep a signed list of what was handed over.

Item	Why the association needs it
Approved plans and the OC	Proof of what was approved and built
Title to the common areas	Section 17(1) gives it to the association
Equipment manuals and warranties	For lifts, pumps, generators and fire systems
Account of maintenance deposits	To take over the money held for maintenance
Signed handover list	Proof of what was received

Sachi reads K-RERA filings for Bangalore projects. To check a project’s approvals and OC status before possession and khata transfer, Ask Sachi.