arunan 07 August 2020

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 Follow

Quick Summary

This discussion addresses whether a mother can obtain a Khata transfer solely in her name for a property left by her deceased husband without a will. The consensus is that the Khata should ideally be in the names of all legal heirs (mother and four children) as they each hold an equal share. While the mother can transfer her own share via a will if the Khata is in her name, she cannot claim absolute ownership of the entire property. If all children consent, the Khata can be in the mother's name, but this doesn't grant her rights over the other heirs' shares. The correct procedure involves applying for mutation in the names of all legal representatives.

8 Replies

R.Ranganathan (Advocate) 07 August 2020

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.

1 Like

Dr J C Vashista (Advocate) 08 August 2020

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.

1 Like

G.L.N. Prasad (Retired employee.) 08 August 2020

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.

1 Like

arunan 08 August 2020

Thanks for all ur kind replies