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Survey of the property before khata transfer

(Querist) 26 February 2015 This query is : Resolved 
I have an house in Tumkur (district head quarters), which is 2 hour drive from Bangalore. My brother has been living with my parents in my house, which was given to me when my father divided the family properties. However, the house is still in my brother’s name, because when it was constructed he registered in his name. My brother’s house was rented and he has been collecting his rent. I am living abroad. He was paying the property tax of my house every year until 2008. Now, I am in India and went to Sub-registrar’s and Muncipal offices to change the Khata registration from my brother’s name to my name. They told me that my brother has not paid the tax since 2008 and before I get the Khata transfered to my name, I have to pay the back taxes and survey of the house has to be done. My question is the following: The survey number, area of the house, and all the details of the property are in the release deed as well as partition deed. I will pay the back taxes, but why are they asking for surveying the house?
T. Kalaiselvan, Advocate (Expert) 02 March 2015
If you have applied for fresh Khatha for your property (from your brother's name to that of yours), the revenue authorities would like to have a survey report on the proper dimensions of the property as per the partition deed submitted before them so that the assessment of taxes can be done accordingly. If you have more doubts on it, you may take the help of the lawyers who deal on the subject issue locally.


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