• Khata and family tree of legal heirs - Bangalore

After demise of property owner (without registered WILL, self aquired property, not ancestral)
1. Is it mandatory for Family Tree Certificate for Khata to be transferred in the names of all legal heirs ?
2. Should Khata be transferred in all names or single heir is ok ?is it enough for GPA given by other legal heirs to a single heir to execute all administration and legal work of sale of this property without dilution of thier ownership ?
3. When sale happens, will all legal heirs need to be present for registration or single heir who has PoA can execute ?
Asked 6 years ago in Property Law
Religion: Hindu

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11 Answers

1) family tree certificate would be required for transfer of khata 

 

2) it should be transferred in name of all legal heirs 

 

3) POA can be executed in favour of one legal heir to sell the property and fir execution of sale deed 

Ajay Sethi
Advocate, Mumbai
99779 Answers
8145 Consultations

registered POA should be executed in favour of one legal heir to sell property 

 

notarised POA would not suffice 

Ajay Sethi
Advocate, Mumbai
99779 Answers
8145 Consultations

1. See getting a family tree certificate for khata transfer is easy way to transfer the khata the alternate way is to obtain a letter of Administration.

2. It has to be transferred in name of all the legal heirs.

Power of attorney for the purpose can be given to single legal their to complete all the work.

3. If in power of attorney right of sale is given then he can do the sale.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

See the buyer based on the sale deed can get khata transferred in his name and sellers can give NOC for dame if there is any objection on same.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

After demise of the owner who is considered dead intestate, then in such cases, to facilitate the katha transfer into a single member name, surviving wife or husband name, the other legal heirs must give a NOC affidavit (not GPA OR POA) to the corporation (B.B.M.P) or other authority as the case may be along with the family tree of the dead person in the form of an Affidavit (a senior member of his family can swear to this affidavit).

If you want the Katha to be transferred into one single person name, the above process must be adopted. otherwise the family tree of the deceased person along with the certified true copy of the death certificate must be submitted along with an application seeking transfer of the Katha.

In the event the property is sought to be sold, then after transfer of Katha the sale deed must be executed and registered. If the other legal heirs cannot be present at the time of registration, then they can nominate any one person to represent them to conclude the registration by executing a registered POA or GPA in their favour. Otherwise, the buyer might demand that all the legal heirs also sign the sale deed as consenting witnesses.

If the above process is adopted, the buyer will not face any issues in getting the Katha transferred into his name after purchase and registration into his name.

Kiran N. Murthy
Advocate, Bangalore
1298 Answers
194 Consultations

For transfer of khatha from deceased property owner to his legal heirs, an authentic proof of the list of successors in interest to succeed the property is essential.

It may by family or geanological tree or a legal heirship certificate issued by the revenue department.

The katha will be transferred in the name of all legal heirs.

2. A registered GPA executed by all legal heirs in favor of a chosen legal heir is sufficient for the power holder to execute the registered deed or any transaction in respect of this property on behalf of all shareholders who have authorized the power holder to carry out the said task on their behalf.

3. The Power holder alone can execute the registered sale deed on behalf of the principals.

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

The katha cannot be transferred to a single legal heir even if there's a GPA deed in favor of the power holder.

The power holder can carry out the tasks on behalf of the principals but he cannot acquire title to the property or transfer the katha to his name.

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

To confirm who are surviving legal heirs of deceased, LHC will require. Khata will transfer in joint name of all. Transfer in single name dose not impact other legal heirs inheritance right in property.

GPA is valid for administration and legal work of sale of this property.

GPA holder alone can execute sale deed on behalf of all.

No issue to buyer in above situation. Get legal heir certificate.

 

Yogendra Singh Rajawat
Advocate, Jaipur
23081 Answers
31 Consultations

Dear Sir,

Along with the death certificate and your residence proof you have to file an application to the Tahshildar office which was formally called namadi kendra now vajpaye etc and along with the application and affidavit stating that her father has expired and who all are the legal heirs, the Tahshildar office will after due inquiry issue you a warsa certificate and the said certificate will be given in 7 days after application.

 

After the death of property owner it naturally devolves on the following formula

 

Section 8 in The Hindu Succession Act, 1956

  1. General rules of succession in the case of males.—The property of a male Hindu dying intestate shall devolve according to the provisions of this Chapter—

(a) firstly, upon the heirs, being the relatives specified in class I of the Schedule;

(b) secondly, if there is no heir of class I, then upon the heirs, being the relatives specified in class II of the Schedule;

(c) thirdly, if there is no heir of any of the two classes, then upon the agnates of the deceased; and

(d) lastly, if there is no agnate, then upon the cognates of the deceased.

 

Hindu Succession Act, 1956 [Section 8]

HEIRS IN CLASS I AND CLASS II

 

CLASS I

Son; daughter; widow; mother; son of a pre-deceased son; daughter of a pre-deceased son; son of a pre-deceased daughter; daughter of a pre-deceased daughter; widow of a pre-deceased son; son of a pre-deceased son of a pre-deceased son; daughter of a pre-deceased son of a pre-deceased son; widow of a pre-deceased son of a pre-deceased son.

 

CLASS II

  1. Father.
  2. (1) Son’s daughter’s son, (2) son’s daughter’s daughter, (3) brother, (4) sister.

III. (1) Daughter’s son’s son, (2) daughter’s son’s daughter, (3) daughter’s son, (4) daughter’s daughter’s daughter.

  1. (1) Brother’s son, (2) sister’s son, (3) brother’s daughter, (4) sister’s daughter.
  2. Father’s father; father’s mother.

VI.. Father’s widow; brother’s widow.

VII. Father’s brother; father’s sister.

VIII. Mother’s father; mother’s mother.

  1. Mother’s brother; mother’s sister.

Explanation : In this Schedule, references to a brother or sister do not include references to a brother or sister by uterine blood

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

Yes it is mandatory to get legal heir certificate or family tree certificate for transfer of property on name of legal heirs.

It depends on the understanding between legal heirs that property will be transferred on single name or all names.

Single heir with registered POA can execute sales deed on behalf of other legal heirs.

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

Dear Sir,

My answers are as follows:

1. Is it mandatory for Family Tree Certificate for Khata to be transferred in the names of all legal heirs?

Ans: Without family tree certificate cannot be transferred in the names of legal heirs unless there is a Will by the deceased person.

 

2. Should Khata be transferred in all names or single heir is ok ?is it enough for GPA given by other legal heirs to a single heir to execute all administration and legal work of sale of this property without dilution of thier ownership ?

Ans: NOC is sufficient to get register entire property in the name of one of the legal heir but it is better to have release deed from other legal heirs to avoid future complications.

 

3. When sale happens, will all legal heirs need to be present for registration or single heir who has PoA can execute ?

Ans: It is sufficient if one of the legal heir is present on behalf of other legal heirs if the legal heir have registered Power of Attorney in his name.

 

4. in the above case, will a Buyer face any issues to get khata to be transferred into his/her name, since the ownership of the property is multiple, but for administrative purposes ,the Khata is getting transferred into a single heir's name with GPA from other heirs ?

Ans: Issues will made even if the buyer has all the pakka documents the Indian Courts simply register a civil case filed by any of the legal heirs and the litigation will go for years however there may be no result in favour of such legal heir.

Kishan Dutt Kalaskar
Advocate, Bangalore
6230 Answers
499 Consultations

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