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Time of India
3 days ago
- Business
- Time of India
Parking tax drive: Bengaluru lawyers say most flat owners have usage rights, not ownership
Bengaluru: Joining the growing criticism of over 31,000 showcause notices issued recently by Bruhat Bengaluru Mahanagara Palike (BBMP), senior lawyers have highlighted loopholes in the civic body's decision to levy property tax on parking areas. Pointing out that usage rights do not amount to ownership, a number of lawyers told TOI that issuing notices was not a fair move by BBMP. "Recent notices issued by BBMP to individual flat owners seeking property tax on car parking spaces raise serious legal and procedural concerns. In most cases, the registered sale deed merely grants exclusive usage rights over parking, not ownership," said Prashanth Mirle, a real estate lawyer and a partner at India Law Practice. You Can Also Check: Bengaluru AQI | Weather in Bengaluru | Bank Holidays in Bengaluru | Public Holidays in Bengaluru "As per RERA, such spaces form part of the common area and are required to be transferred to the association of allottees. Usage rights alone do not create an assessable property interest for municipal taxation," he added. Pointing to another loophole, the senior lawyer said: "These showcause notices are being raised with retrospective effect even though BBMP notification revising parking area rates was published on March 30, 2025. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like London's Fastest Broadband. Switch Today. Community Fibre Learn More Undo The notification does not have any provision on retrospective application. Taxing citizens for past years based on new or revised interpretations, without legal authority, violates Article 265 of the Constitution. " Another real estate lawyer urged BBMP to review its action. "In many cases, software inconsistencies during e-khata generation captured inflated or incorrect parking areas, leading to arbitrary assessments. These notices have led to confusion and anxiety among genuine homeowners. BBMP must immediately review its actions, correct systemic errors, and ensure no unlawful or retrospective demands are enforced against individual property owners," said the lawyer, who spoke on condition of anonymity. Srikanth Narasimhan, founder of Bharatiya Nava Nirman Party, told TOI, "The Supreme Court judgment is very clear that parking spaces are a part of the common area and cannot be sold by builders separately to the owners. These are, anyway, included in the common area, which is part of the super built-up area on which people are already paying tax; not sure how BBMP is making these claims." Stay updated with the latest local news from your city on Times of India (TOI). Check upcoming bank holidays , public holidays , and current gold rates and silver prices in your area. Get the latest lifestyle updates on Times of India, along with Raksha Bandhan wishes , messages and quotes !
New Indian Express
03-08-2025
- Business
- New Indian Express
BBMP offers digital route to upgrade ‘B' khata to ‘A' khata
BENGALURU: The Bruhat Bengaluru Mahanagara Palike (BBMP) is all set to roll out a dedicated software system from August 10, enabling property owners within Greater Bengaluru limits to convert their 'B' Khata to 'A' Khata through an online process. This initiative is aimed at properties in converted layouts and areas with private roads. BBMP hopes to centralise khata management, improve arrears collection, and initiate automatic attachment proceedings in cases of default or long-standing dues. According to Prashanth Mirle, an advocate and expert on BBMP property tax matters, 'A' Khata has been considered a mark of legal compliance, free from deviations and regularised as per law. In contrast, properties with deviations, revenue land, or irregularities were generally classified under the 'B' registry. He explains that areas falling under the jurisdiction of Village panchayats in Bengaluru Urban District jurisdiction follow a system called the E-Swathu system. Under this, legally compliant properties are covered by Form 9 and Form 11, while those with deviations are classified under Form 11B.
