"The property is still in someone else's name" is one of the scariest sentences a first-time buyer can hear. Often it is not as bad as it sounds. People mix up three different records, kept by three different offices. Once you can tell them apart, a vague worry becomes three clear questions you can check.
The three records at a glance
| Title | Khata | Mutation (RTC) | |
|---|---|---|---|
| What it is | The registered deeds | The local body's tax account | The revenue department's land record |
| Who keeps it | Department of Stamps and Registration | Corporation, municipal council or gram panchayat | Revenue department |
| Question it answers | Who owns it, through which documents | Who pays property tax | Who the land record lists |
| Weight | The strongest proof | Shows tax liability | Presumed correct until proved wrong |
Title: the one that matters most
India registers documents, not ownership. There is no single government certificate that says "this person owns this home". Instead, you prove ownership by showing an unbroken chain of registered deeds, going back to the original or "mother" deed.
Section 17 of the Registration Act, 1908 decides which documents must be registered, and a sale of property is one of them. Section 49 says an unregistered one cannot affect the property. So an unregistered paper is not a link in the chain at all.
Khata: the tax account
The khata is kept by the local body to collect property tax. It records who is assessed, for which property, in which ward or panchayat. It is useful, but it is not a ruling on ownership. A khata can exist even where the title chain has a gap.
In panchayat areas, the equivalent records are called Form 9 and Form 11.
Mutation: the land record catching up
Mutation updates Karnataka's record of rights, often called the RTC or pahani, after a sale, inheritance, family partition or court order. The Karnataka Land Revenue Act, 1964 sets this up:
- Section 127 provides for the record of rights.
- Section 128 says the person who gets the right must report it within three months.
- Section 129 sets up the register of mutations, where the change is entered and then certified after notice to the people involved.
- Section 133 says an RTC entry is presumed correct until proved otherwise.
For a flat buyer: your individual flat does not get its own RTC. The RTC relates to land. The update that matters for your flat is the khata.
When the records disagree
- Deed in your name, RTC shows the seller. Usually just a delay in mutation. Report it and see it through.
- Khata in someone's name, but no registered deed behind it. A real concern. A tax account cannot create ownership. Ask for the chain of deeds.
- The RTC shows a different land area from the deed. There may have been a split, partition, acquisition or error. The survey sketch for that number holds the answer.
- A completely different name on the RTC. Some document, like a will or court order, exists somewhere. Until it is produced, there is a gap in the chain.
The order after a sale
- The sale deed is registered. This is the actual transfer.
- For land, the RTC is updated by mutation.
- The khata is transferred by the local body.
None of these happen on their own, and the three offices do not tell each other.
A worked example: one flat, three records
Illustrative, with made-up names.
Priya buys a flat in a new building. Here is how each record should look at each stage:
- Before purchase: the title chain runs from the original landowner to the builder through registered deeds, including any joint development agreement. The RTC for the land shows the owner whose name the deeds support, and the land has been converted for residential use.
- On registration: a sale deed in Priya's name is registered at the sub-registrar's office. From this moment, her title is in place.
- After registration: Priya applies to the local body to have the khata for her flat in her name, with the registered deed and tax receipts.
- Two years later: she applies for a top-up loan. The bank asks for the deed, the khata, the encumbrance certificate and tax receipts. Because all agree, the check is quick.
If Priya had skipped the khata step, her ownership would still stand on the deed. But the bank, a future buyer and the tax office would all ask why the records do not match.
Step by step after you register your flat
- Collect the registered sale deed and keep certified copies.
- Pay any stamp duty and registration charges in full, and keep the receipts.
- Apply to the local body for the khata in your name. Ask the office which documents it needs.
- Pay property tax in your name once assessed, and keep every receipt.
- Get a fresh encumbrance certificate after registration to confirm your deed is recorded.
- Store the deed, khata, tax receipts and EC together, digitally and on paper.
Documents to see before you buy a flat
- The chain of title deeds for the land, ideally covering at least 30 years.
- The RTC extracts for the survey numbers, showing the current owner.
- The land conversion order for residential use.
- The approved building plan.
- Encumbrance certificates for the land.
- The khata for the land or building, and recent tax receipts.
- The project's RERA registration, checked online.
Your lawyer reads these together. One clean paper does not make up for another that is missing.
Common mistakes first-time buyers make
- Treating a khata as proof of ownership. It is a tax record.
- Accepting a "deed copy" without checking it was registered. Look for the registration number and stamp.
- Not following up on the khata after registration, and finding the gap years later when selling.
- Checking only recent years of title. Gaps often hide further back.
- Assuming the offices talk to each other. Each update is a separate application.
Questions to ask the builder
- Can I see the full title chain for the land, with registration numbers?
- Has the land been converted for residential use, and can I see the order?
- In whose name do the RTC records for the survey numbers stand today?
- Will you help with the khata transfer after registration?
If you find a gap
Do not panic, and do not pay more until it is explained. Ask the seller or builder, in writing, for the missing document or the reason for the mismatch. Give your lawyer time to review the answer. Many gaps have simple explanations, such as a mutation not yet entered. Some do not. A short pause before booking is far cheaper than a long dispute after it.
Ask your lawyer to explain the gap in plain words, and to put the advice in writing before you pay anything more.
What banks and courts look at
A bank asks for all three, plus an encumbrance certificate, because it wants to see that everything lines up. A court deciding who owns a property reads the registered deeds first. The other records help, but the deeds decide.
The simple rule: get all three right, in order, and never accept one as a substitute for another. Our first home guide shows when each one comes up in your purchase.