If your husband is the sole surviving legal heir of his deceased mother then he has succeeded absolutely to the property of his mother. Your husband should apply for mutation i.e khata transfer. Nothing else is to be done. He will be free thereafter to sell the property as the absolute owner of it,
Only child death of parents House
Hi, My husband is the only child. His mother has a Bangalore Development Authority House with clear papers is in her name. She expired recently (about 2 weeks ago). There is no issues with any relatives and we don't suspect the house to be sold to any one. She was living in the house till she expired. When we took the papers to the lawyer he says that in the process only khata will be transferred in his name. How do we ensure that with just the khata transfer my husband is the legal owner of the property ? Please advise if the process is correct.
Asked 8 years ago in Property Law
Religion: Hindu
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4 Answers
1) since mother died intestate your husband as legal heir
should obtain letters of administration from district court
2) it would not take more than 6 months
3) then apply for mutation of house in his name
1. Your mother in law has the title deed in her favour and she has expired intestate.
2. Had the said property been gifted to your husband by registering a gift deed, a separate document conveying the title of the property in favour of your husband would have been created and registered.
3. In the instant case, there is no document created to convey the title of the property in favour of your husband and he is inheriting it for which no separate legal document is being created and registered.
4. For the above reason only Khata will be transferred in his name which will be enough for him to claim the title of the property inherited by him.
5. He shall have to collect legal heir certificate from the Councilor of the local Municipal Corporation with which he shall have to apply for the said Khata transfer.
Your husband being the only legal heir or successor in interest, the property shall automatically devolve on him fully since your mother in law died intestate i.e., without making any arrangement or will in anyone's favor.
Transfer of khatha on his name shall make him an absolute owner of the property with marketable title.
Your lawyer is absolutely right in his opinion.
