638+ Lawyers are online 
Procedure for Transfer of Khata from My Father to My Mother
15-May-2023 (In Property Law)
We are Hindu Family. We have a built house in Bangalore which is equally divided as per court order as follows: 1. Ground Floor - 2 Brothers 2. First Floor - 2 Brothers We reside in First floor portion. Khata for entire building was in My father's name. Now he expired. Now one of his brother is telling that Khata cannot be changed to my Mother's name. Please advice if Khata can be transffered to my Mother's name.
Sir,
You can transfer the khatha. There is court order. You are not mentioned that in what way the property was divided , partition or settlement in court.
When the property is divided among yourself, the mother don't have any right over the said property. Therefore khatha cannot be changed to her name.
In case if there is a no division of the property among yourself through court , then automatically mother will become the successor to the estate of your father. At that point of time she can apply for Pavathi khatha enter her name in the records of land.
But here, her name is not mentioned in the court partition. So she cannot transfer the khathe in her name
You can transfer the khatha. There is court order. You are not mentioned that in what way the property was divided , partition or settlement in court.
When the property is divided among yourself, the mother don't have any right over the said property. Therefore khatha cannot be changed to her name.
In case if there is a no division of the property among yourself through court , then automatically mother will become the successor to the estate of your father. At that point of time she can apply for Pavathi khatha enter her name in the records of land.
But here, her name is not mentioned in the court partition. So she cannot transfer the khathe in her name
Helpful?
34+
34+
Adv. M Lakshmikanth Arya
Bangalore | 500+ Answers
Chat
As per the court order if the property share falls under in your mother name means your mother is the owner of the portion of first floor and she can get khatha transferred to her name for the said inherited portion by applying for khatha before BBMP if your are staying at Benagluru and entire building's khatha cannot be transferred in her name from your father as per your statement there is a court order about partition.
Helpful?
31+
31+
Adv. Rajesh K.S
Bangalore | 500+ Answers
Chat
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
Connect with top Property lawyers for your specific legal issue
No Comments! Be the first one to comment.
"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."
