Can khata transfer be treated as ownership of the property
mohamed
(Querist) 24 March 2014
This query is : Resolved
Hi Sir,
Our property was registered in my Father's name and he expired 2 years back.Now we have transferred the khata on my mother's name.My query is that do i need to register the sale deed on my mother's name or just transferring the khata is enough for the ownership of the property.Please do answer my query some broker told me that just transferring of khata is enough for the ownership of the property.
further he has taken all the xerox copies of property documents( the originals are with us).Do you think he might do something mischief with xerox copies as only khata is been transferred onmy mother's name.
Please do reply.I will be really thankfull to you.
SURESH BV, Advocate
(Expert) 25 March 2014
Dear Mohamed,
Transferring the Katha of a Property signifies that the authorities have recognized a person/s to make him/her responsible for payment of property tax. Transferring Katha ipso-facto does not mean that the person has acquired Ownership of the property. Especially in your case assuming by your name as a Mohammedan, after the death of property, the property should devolve upon the legal heirs of your father. Hence, by transferring the Katha in your mother's name, your mother will not become the absolute owner of the property.
Rajendra K Goyal
(Expert) 25 March 2014
All the legal heirs have to execute relinquishment deed in favor of your mother.
mohamed
(Querist) 25 March 2014
Thank you so much for your reply.So what are the steps or procedures for transfering the property on my moher's name.
In my last query i had asked that is there any chance of broker doing any mischief as he has all the xerox copies our property documents.
I would really appreciate if you clarify me.
Thank You.
mohamed
(Querist) 26 March 2014
Thank you so much for your reply.So what are the steps or procedures for transfering the property on my moher's name. In my last query i had asked that is there any chance of broker doing any mischief as he has all the xerox copies our property documents. I would really appreciate if you clarify me. Thank You.
T. Kalaiselvan, Advocate 
(Expert) 26 March 2014
It depends on the broker's credibility/reliability/genuinity. How was the broker introduced to you, through some reliable source?, if you apprehend some mischief by the broker, immediately contact him and take back all your papers lying with him.
As far as transferring the property on your mother's name, all the legal heirs of your father have to relinquish their rights over the property by executing a registered release deed in her favor and then on that basis the property can be registered on her name.
malipeddi jaggarao
(Expert) 27 March 2014
Regarding transfer of property, sufficient guidance is given by experts.
Regarding your apprehension, as they are only xerox copies, you need not worry too much about misuse of the papers.
