Khata name change, no contact with Joint owner
Aahana
(Querist) 08 May 2011
This query is : Resolved
Hi,
My uncle and I had a partnership deed for a firm and purchased a shed in industrial area for operations. My uncle has since expired. The partnership deed has expired. My uncle has no family. He divorced in 1997. We have no contact details of his ex-wife. The khata for the shed is in the joint name of me and my uncle. I now want to convert it to my name. I am now being asked for a family tree for my uncle and a release deed from his wife that she has no objection to converting the khata to my sole name. At the time of divorce, my aunt has explicitly stated that she has no interest in this business or the property. But there is no written document to confirm that. Now that we have no idea where she is, what alternatives do I have to get the Khata name changed?
sanjeev murthy desai
(Expert) 08 May 2011
Just take a paper publication to call for any objections to change a khata in the name of you. If there is no objections, then you can approach the corporation authorities to registered the name as a sole owner.
Please clarify some points.
Whether property was owned by firm or individual capacity?
Whether your uncle has any children?
Aahana
(Querist) 08 May 2011
Hi Sanjeev, Thanks for your reply. My uncle does not have any children. The property is owned in individual capacity.Is there a specific format or an established procedure for publications in such cases? If someone has an objection, what is he/she required to do? How can I prove to the khata authorities that there was no objection to the paper publication?
sanjeev murthy desai
(Expert) 08 May 2011
Dear Aahana,
If a person not seen from past 7 years, in legal terms, considered as such person has been expired. Hence, all ready divorced widow don't have any rights in such property.
And also check whether any maintenance is pending during your uncle life time.
After, uncle demise u r the only legal heir to entitle all his estate.
If any objections arises, then you have to secure no objection letters from such persons. After that you should have to produce all the applications together with prescribed fee and such no objections letters to the concerned authority.
If there is no objections you should attached the said paper publication along with all the above said documents to said concerned authority.
If you need further details please feel free to call me.
