Wife expired .no children..house paper in name iwife khata also will s

639 votes

To transfer the Khata to the husband's name when property papers are missing and it is unknown if a Will exists, a systematic legal approach must be followed. First, since the original documents are lost, apply for a certified copy of the registered Sale Deed and an Encumbrance Certificate (EC) for the last 13 to 30 years from the jurisdictional Sub-Registrar Office. The EC will also confirm if any registered Will or encumbrance exists on the property. Next, secure the wife's official Death Certificate and apply for a Legal Heirship Certificate or Family Tree Certificate through the Tahsildar or Revenue Department. Under the Hindu Succession Act, if a female dies intestate without children, her self-acquired or inherited property devolves upon her surviving husband. Once these documents are gathered, submit an application for Khata transfer (via Sakala/e-Swathu or local municipal portal) along with the certified sale deed, death certificate, legal heir certificate, latest tax paid receipts, an affidavit detailing the missing papers, and an indemnity bond. Revenue authorities may issue a public newspaper notice inviting objections before finalizing the Khata mutation in the husband's name.

Advocate Praveenkumar S LawRato

719 votes

Based on khata records get property documents: . obtain certified copies : Based on hir death certificate apply for change of khata: if authorities decline file a suit in civil court. Meanwhile ask some agent to search for any registered will.

Advocate S.K Prabhakar Shetty LawRato

987 votes

Kindly explain how your wife acquired the property (for example, through a sale deed, gift deed, partition deed, inheritance, or any other mode). Based on this information, I can assess whether the missing documents may create any legal issues or affect her title to the property. Regarding the missing documents, since you have already filed a police complaint, I suggest taking the following steps: Paper publication: Publish a notice in two newspapers—one English newspaper and another widely circulated local-language newspaper. Advocate’s assistance: Complete the required legal formalities through an advocate. Non-availability certificate: Obtain a certificate confirming the non-availability of the original documents from the advocate who issue paper publication on behalf of you. Certified copies: Apply for certified copies of the registered documents from the concerned Sub-Registrar’s Office. Khata application: Once the necessary documents are obtained and verified, apply for the transfer or issuance of the Khata, subject to the applicable requirements. Please share the details of how your wife acquired the property so that I can guide you more accurately on the legal implications and the next steps.

Advocate Abhaya Hegde LawRato