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Right in property if father transferred property to 2nd wife's name


09-May-2023 (In Property Law)
Property at Bangalore was in my late mother's name from 1975 to 2002. Then after her death in 2002 the KHATA certificate was changed to my father’s name after i and my sister gave NOC for change in corporation only. The change in Khata was effected in 2002. In 2015 he asked me to give NOC so that he will transfer property in subregister office in his name. so i applied Encumbarance which was still in my late mother name till 2015. I filed a case against my father and sister in 2015 in civil court bangalore. After filing the case when IR's were pending as the court hall didnot have a judge for a year and in charge court never took the case .in the mean time my father have transferred the property to his 2nd wifes name. Do still I Have the rights in the property and what action has to be taken please advice. I am Hindu
Answers (1)

Answer #1
578 votes
From your version of the events, you have a right in the property even now. A Khata does not determine ownership of property. After your mother's demise the property would devolve equally between your father, your sister and yourself. NOC for khata does not mean transfer of ownership. The transfer of property by your father to the 2nd wife is void under law since you and your sister still own shares in the property, however the transfer would be valid to the extent of your father's share in the property. You would need to implead the 2nd wife into the case and also seek a relief of cancellation of the Deed in her name.
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