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
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.