Transfer of khata in mother's name

This query is : Resolved 
 

(Querist)
19 September 2017

We are three children. Two married sons, one married daughter. Our father has expired. he has a self made house property. We want to transfer the khata in the name of our mother. our questions.
A. Is signature of all the three children required during the process of transfer of khata
B.Will mother become the property owner


kavksatyanarayana (Expert)
19 September 2017

All the legal heirs of the deceased have equal rights over the property if there is no will executed by the deceased. so all legal heirs may execute relinquishment deed/gift deed in favour one person.or all legal heirs may distribute the property among themselves.

Nandish (Querist)
20 September 2017

Dear Mr Satyanarayana. I understood your explanation. I am searching for a slightly different answer. I will explain my point as below.
1.Father has expired. There is no will. Legal heirs have given affidavit/no objection for transfer of Khata to widowed mother
2. Understand, Mother is not the legal owner with full rights of the property eventhough Khata is in her name.
3. under above circumstance, can Mother execute a will . will the will be valid when she is not the absolute owner of the property.

P. Venu (Expert)
20 September 2017

What is the real issue? The subsequent posting suggests a different issue.

Rajendra K Goyal (Expert)
20 September 2017

You asked:
1.Father has expired. There is no will. Legal heirs have given affidavit/no objection for transfer of Khata to widowed mother
Reply:
Other legal heirs should execute registered relinquishment deed / gift deed.

You asked:
2. Understand, Mother is not the legal owner with full rights of the property even though Khata is in her name.
Reply:
The property was owned in the name of father expired intestate, property would be inherited by all legal heirs.

Rajendra K Goyal (Expert)
20 September 2017

You asked:
3. under above circumstance, can Mother execute a will . will the will be valid when she is not the absolute owner of the property.
Reply:
She can execute a will for her share in the property.

Rajendra K Goyal (Expert)
20 September 2017

Repeated at:

http://www.lawyersclubindia.com/experts/Execution-of-will-656211.asp

Kumar Doab (Expert)
20 September 2017

The NOC at best may be for mutation etc ............
and may not be equivalent of valid/registered relinquishment deed.

Kumar Doab (Expert)
20 September 2017

Why to repeat................?

Kumar Doab (Expert)
20 September 2017

You have been advised in detail and well in both threads there is NO reason to repeat..?

kavksatyanarayana (Expert)
21 September 2017

Sirs, I have replied that if there is no will executed by the deceased, then all legal heirs have equal rights, so all other heirs may execute a relinquirshment deed/gift deed in favour of other heir. but not by mother.



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