Rights of joint holder of a property upon death of another
Chitra
(Querist) 18 December 2015
This query is : Resolved
Hello all,
I am having a property which is jointly held by me and my brother. We had bought that from BDA, Bangalore in an auction. Now my brother has died and he was unmarried when he died.
Since the property was jointly held by both of us, his share of property will have to go to my mother since he was unmarried. That is my understanding. Is my understanding right.
To get the khata transfer done I need to apply for a khata tranfer again in both of our names, my name and my mother's name.
Is there anything else that I need to do. We had not obtained the title deed of the property. I guess that needs to be done after khata transfer is done. Kindly let me know if my understanding is correct as per law. If I have missed anything kindly correct the same.
Thanks in advance for the same.
Regards,
Chitra
Kumar Doab
(Expert) 18 December 2015
It is believed that you are Hindu.
---"his share of property will have to go to my mother since he was unmarried. That is my understanding. Is my understanding right. "
Right.
---"To get the khata transfer done I need to apply for a khata tranfer again in both of our names, my name and my mother's name.
"
Right.
The procedure/forms /formats can be obtained from authority;BDA.
Ideally the succession certificate/legal heir certificate as applicable should be obtained to defeat any contest in future, and to handle the buyer's objections.
K.S.Srinivas
(Expert) 24 December 2015
You are absolutely right.