**Sample PDF of the Affidavit attached at the end.
Why and When is this Affidavit Used?
- When a property owner passes away, their legal heirs (children, spouse, etc.) need to transfer the Khata (property account in municipal records) to their name.
- Used mostly in cases of inheritance where:
- The property is self-acquired or ancestral.
- The legal heirs want mutation/transfer in municipal or revenue records.
- Filed before the Municipal Corporation / Gram Panchayat / Development Authority where the property is located.
Purpose of the Affidavit
- To declare the death of the original owner.
- To identify legal heirs/surviving family members.
- To confirm no objection for transferring Khata to a particular heir.
- To support the mutation process in official records for tax and ownership recognition.
Importance
- A Khata is proof of property ownership in municipal records (needed for paying property tax, water, electricity connections, etc.).
Without a Khata transfer, heirs cannot:
- Pay property tax in their own name.
- Sell, mortgage, or legally deal with the property.
- The affidavit acts as a legal declaration supporting the application for transfer.
FAQs on Khata Transfer Affidavit
-
Q1. What is "Khata"?
-
Khata is the account/property record maintained by municipal authorities showing property details (ownership, size, tax status).
-
Q2. Who can apply for Khata transfer after death?
-
Legal heirs — spouse, children, or any person with a valid succession claim.
-
Q3. Is an affidavit alone enough for a Khata transfer?
-
No. Affidavit must be supported with:
Death certificate of the owner
Legal heir/survivorship certificate OR family tree certificate
Registered will (if any)
Property tax receipts, sale deed copy, etc. -
Q4. What if there are multiple heirs?
-
All heirs must either:
Apply jointly, OR
Give a No Objection Affidavit allowing transfer to one heir. -
Q5. Where to file this affidavit?
-
To the Municipal Corporation/Urban Local Body (like BBMP in Bengaluru, MCD in Delhi, or GHMC in Hyderabad) or Panchayat in rural areas.
-
Q6. Can Khata transfer be done online?
-
In many cities, yes. Example: BBMP (Bangalore) allows online Khata transfer applications with affidavit upload.
-
Q7. What happens if heirs don't transfer Khata?
-
Property tax remains in the deceased person's name, causing problems in selling, mortgaging, or claiming benefits. It also leads to legal disputes later.
-
Q8. Is Khata proof of ownership?
-
Not full ownership proof (sale deed is primary). But Khata is secondary ownership + tax record proof, essential for government recognition.
Downloads & Resources
Legal Affidavit Document
AFFIDAVIT
I, _____________________________, son of _______________________, aged ______ years, residing at ________________________________________________________________, do hereby solemnly affirm and declare as follows:
- That Late _____________________________ was my father, who passed away on __________________________.
- That Late _____________________________ was married and is survived by __________________________________________ (family members).
- That my father, Late _____________________________, expired, leaving behind a residential property situated at ________________________________________________, ___________________________________________________.
- That the Khata of the said property presently stands in the name of Late _____________________________. After his death, the Khata may be transferred to my name, and there is no objection to the same.
Deponent
Identified by me
VERIFICATION
I, ______________________, son of Late ____________________________, the above-named deponent, do hereby verify that the statements made in paragraphs 1 to 4 of this affidavit are true and correct to my knowledge and belief and that nothing material has been concealed therein. This affidavit is sworn for the purpose of effecting Khata transfer in ___________________________.
Deponent
Place:
Date:

Add new comment