Can my mom do will if on dad property if we do khata on her


my father had a 30*40 site in Bangalore he died in 2019 with out doing will. Now my mother wants to get Katha on her name and she asking to sign affidavit for khata transfer. 

My doubt is will my mom can get khata on her name alone? Or BBMP should do khata on all 5members such that legal heirs 4plus my mom if khata is transferred to my mom alone can she do will to any son and is that legally accepted and pls suggest whether khata to be done on mother alone or on all legal heirs 

 

 

 

 

 

 

 

 

 
Reply   
 
Director

Khata will have to be issued in the joint names of all the legal heirs. It will be a joint property when there is no Will executed by your father.


Total likes : 1 times

 
Reply   
 


Lawyer

All 5 legal representative of deceased are to succeed in equal share.

Your mom may bequeath her share in favour of any one after it has been transferred in her name. 


Total likes : 1 times

 
Reply   
 
Retired employee.

Mutation can neither create nor remove the ownership rights of co-sharers.  Any of the co-sharers if undivided can mutate in his/her name as trustee.  Because the property was mutated in the name of your mother, she can not become an absolute and exclusive owner of the entire property, but her rights are confirmed to 1/5th on her own and in the capacity of trustee for all of you.  She can only deal with her own 1/5th share.


Total likes : 1 times

 
Reply   
 

Thanks for all ur kind replies

 
Reply   
 

If all children's consent then the khata mutation can be in your mothers name but it doesn't give  or create her any right over others shares.

 
Reply   
 

How to change revenue records in sub registrar office so that all legal heirs name appears in revenue records. 

 

 
Reply   
 
Lawyer

Apply for mutation of the property in the name of all legal representatives of deceased titleholder.

 
Reply   
 
Advocate

What do you mean by "revenue records in sub registrar office"? Posting suggests deeper issues. Please post complete facts.

 
Reply   
 

LEAVE A REPLY


    

Your are not logged in . Please login to post replies

Click here to Login / Register  


 

  Search Forum








×

Menu

Post a Suggestion for LCI Team
Post a Legal Query
CrPC Course!     |    x