Joint khata
Nanda Kishore
(Querist) 24 December 2017
This query is : Resolved
I wanted to know a few details about Khatas as i am very new to this field.actually we have a property which is under the ownership of my father and his brother.at present my father has been expired. And my mother is also expired so me and my brother are the left overs.And in the other hand my father�s brother is also expired and his wife and a son is left over.so what is the legal procedures we have to follow in order to transfer the khata?? Pls help
SURESH BV, Advocate
(Expert) 25 December 2017
Dear Kishore,
If the present Katha exists in the joint name of your father and his brother, file necessary application before the appropriate authority and ask them to enter the name of legal heirs of the deceased (your father and his brother)
Vijay Raj Mahajan
(Expert) 25 December 2017
Katha is basically sort of lease for agricultural land in the village area that is given by the village panchayat or authority responsible for issuing it to any person or persons, being the heirs of the original Katha holders you all approach the authorities to bring on record the continuation of the Katha in the name of legal heirs as per details in their record otherwise the land being under the ownership of such authority becomes free for new persons to claim it on Katha.
Kumar Doab
(Expert) 25 December 2017
Which personal law applies in your case?
Are you all Hindu?
The said property is agricultural land, rural, Urban, or it is a building?
Have the deceased i.e. your father, mother, and your uncle left any valid WILL?
As per your post there are no daughter/married daughters from both the families!
The property is in which state?
Confirm!
Kumar Doab
(Expert) 25 December 2017
It is mandatory to probate the WILL in the area of Bombay, Calcutta, and Madras.
It is no mandatory to probate the WILL in the area of Delhi. It is not mandatory to register the WILL.
The WILL should just be valid. Unregistered WILL can be acted upon.
The last valid WILL prevails.
The terms Khata, Khatauni,Khasra etc might be being used in your state and even in case of land on which some colony have been carved out.
Kumar Doab
(Expert) 25 December 2017
The authority under whose jurisdiction property falls say;MC, has a set procedure for such matters if NO WILL has surfaced; ‘Intestate Succession’…….and the prescribed forms, procedure, process is available in O/o Authority and even on website. Certified copies of the death certificate, legal heir certificate/affidavit (per local procedure/precedence) are basic requirements.
Check locally and comply with procedure.
Thereafter concerned official in the O/o Authority e.g; Patwari, shall act upon the matter and transfer the ownership by inheritance in the name of legal heirs in mutations records.
Thereafter obtain copy of updated mutation records.
You ( Legal Heirs) shall attain rights equal to that of owner.
It is simple process and there may be NIL/Negligible fee for it.
