E-Khata for Inherited Property in Bengaluru: Mutation, Succession, and the Digital Certificate

A property owner in Jayanagar dies, leaving behind a house and three adult children. The property tax was paid in the deceased's name for thirty years. The children now want to sell — but the buyer's bank requires an e-Khata in the name of at least one of the heirs. The problem is not the e-Khata application itself. The problem is what must happen before it: a mutation of the BBMP records to reflect the change in ownership caused by death.

This is among the most common property-law questions Bengaluru property owners face. The e-Khata application process assumes a named owner. When the previous named owner has died, the BBMP will not transfer the Khata on the strength of the death certificate alone. A formal mutation — updating the property register to reflect the heirs as new owners — must precede the e-Khata application.

Mutation is not title — but it is necessary

Mutation in the BBMP context means updating the local body's property tax register to record a change of ownership. It does not, by itself, create or transfer title to the property. The title passes by operation of law at the moment of death (for intestate succession) or by the will. The mutation simply records that change in the government's administrative database.

Without mutation, the property tax demands continue in the deceased's name, the BBMP system does not recognise the heirs as owners, and any subsequent e-Khata application or registration transaction will be blocked. Banks will not lend against a property whose Khata records a dead person as the owner. The mutation step cannot be bypassed.

Testamentary succession — with a will

If the deceased left a registered will, the path is more straightforward. The will names the beneficiary of the property. The beneficiary applies for mutation at the BBMP ARO office with the original will (or a certified copy if the original is with the court), the death certificate, and proof of the beneficiary's identity.

A note on probate: Section 213 of the Indian Succession Act, which previously required probate for wills in certain jurisdictions, was omitted by the Repealing and Amending Act, 2025 (which received Presidential assent in December 2025). Bangalore was never within the mandatory probate jurisdiction under the old Section 213 — but the amendment has now removed the requirement entirely. BBMP should not require a probate for mutation based on a will. If an ARO demands a probate, that objection should be addressed in writing with a reference to the 2025 amendment.

An unregistered will can still be acted upon, but practical difficulties increase: the ARO may be more cautious, may require an affidavit from all other heirs confirming the will is genuine and that they have no objection, and may refer the file for Revenue Officer scrutiny. A registered will moves faster.

Intestate succession — without a will

Where the owner died without a will, the succession is governed by the applicable personal law — the Hindu Succession Act for Hindus, Buddhists, Sikhs and Jains; the Indian Succession Act for Christians and Parsis; and Muslim personal law for Muslims. The BBMP does not adjudicate who the heirs are. It relies on a legal heir certificate issued by the competent revenue authority.

In Karnataka, the legal heir certificate is issued by the Tahsildar of the taluk where the deceased was domiciled. The application goes through the Nadakacheri portal. The Tahsildar makes an inquiry — typically involving a spot inquiry through the Village Accountant or Revenue Inspector, and a public notice — before issuing the certificate. The process typically takes 15 to 30 days where there is no dispute.

Legal heir certificate vs succession certificate — the practical difference

A legal heir certificate identifies who the heirs of the deceased are. It is issued by the Tahsildar and is sufficient for BBMP mutation, khata transfer, and most revenue record updates. It is not a court document and does not involve litigation unless the Tahsildar's finding is disputed.

A succession certificate is a court order, issued by a civil court under the Indian Succession Act, that authorises the certificate holder to collect debts and securities belonging to the estate. It covers financial assets — bank accounts, fixed deposits, shares — not immovable property. For BBMP mutation purposes, a legal heir certificate from the Tahsildar is what is needed, not a succession certificate. Mixing up the two wastes months.

Multiple heirs — partition deed or family settlement

Where there are two or more heirs and the property is to vest in only one of them after the owner's death, the other heirs must relinquish their share. This is done through a registered relinquishment deed or a family settlement. Without this, the mutation will show all heirs as co-owners — which is legally accurate but creates complications at the time of subsequent sale, since all co-owners must execute the sale deed.

Family settlements that divide property among heirs can be registered or unregistered depending on their nature. Where the settlement involves the division of immovable property by metes and bounds, registration is required — Section 17 of the Registration Act, 1908, is clear. An unregistered family settlement cannot be used to support a mutation application that involves a division of property.

What BBMP looks for in the mutation application

• Death certificate of the previous owner — a certified copy from the relevant authority
• Legal heir certificate from the Tahsildar, or a registered will in the applicant's favour
• Existing Khata extract or e-Khata in the deceased's name
• Property tax paid-up receipt for the current year
• Aadhaar and PAN of all heirs being recorded
• If property is held jointly: NOC from non-applying heirs, or a registered relinquishment deed
• For HUF property: the Karta's declaration and, if a partition has occurred, a registered partition deed

Where the application gets stuck

Disputed legal heirs are the most common cause of delay. Where two groups claim to be the legitimate heirs — for example, children from a first marriage and children from a second marriage where the second was allegedly not valid — the Tahsildar will not issue a clear legal heir certificate until the dispute is resolved. The ARO will not process the mutation either. The resolution of heir disputes, in the contested cases, requires civil litigation.

Missing original title documents are the second common block. The original sale deed from when the deceased purchased the property may be in a bank's custody (as mortgage security) or genuinely lost. Where the original is in the bank, a release letter from the bank plus a certified copy from the Sub-Registrar is typically sufficient. Where the original is lost, the process involves newspaper notification, an affidavit, and a search certificate from the Sub-Registrar — adding a month or more.

HUF (Hindu Undivided Family) property presents its own layer of complexity. Where the deceased was the Karta of an HUF and the property was HUF property, the succession is not simply to the individual's legal heirs. The surviving coparceners have a claim, and the mutation must reflect the HUF's continuation or the partition, whichever is the correct position. A family that assumes the property passes like individual property and proceeds accordingly will create a defective mutation that surfaces problems at resale.