It is necessary to carry out mutation of property in name of legal heirs
2) sale proceeds should be distributed among legal heirs as per father will
Dividing property based on will
Hello, My father passed away recently and his will states that the house he has can be sold after the demise of his wife (my mother) and property should be divided as follows: Brother 1 - X% Brother 2 - Y% In this instance, can you please address following questions: 1.Do we need to do a khatha transfer. 2.If yes to above, in whose name should the khatha be held. 3.Since we cannot sell the property until our mother is alive; how can we enforce the X%, Y% division of value after sale. Many Thanks.
Asked 4 years ago in Property Law
Religion: Hindu
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6 Answers
Hi, Katha would be transferred in the name of your mother. Until her death you can't sell it.
Hello,
- Khata transfer has to be done only after the partition as eventually it will need to get transferred in both the brothers name.
- The khata must be held in both the brothers names.
- It becomes obvious that you can carry out the division as per the Will only after the demise of your mother.
1. Since your mother the is the first beneficiary of the Will she has life interest in the property now bequeathed by your deceased father.
She can apply for transfer of khata to her name also, if not, she can ignore it.
After her demise a partition deed drawn on the basis of the Will dividing the property as per the proportion or allocation of share as mentioned in the Will, should be registered.
After that the individual shareholder can apply for change of khata on the basis of the registered partition deed.
2. Read the above answer.
3. You can ascertain the value of individual share in the property only when it is acquired by you, before that you may not be able to assess the value of share of property of each individual.
1. Since as per WILL after the death of your father , now the property has come under the ownership of your mother , then the khatha can be entered in her name only .
2. Your mother
3. Only after the death of mother this ration will come into force , and then you both brother can execute a Partition deed for selling the said property.
Dear Sir,
you have to get joint katha as per the shares declared in the Will. Mutation will be effected as per the terms of Will and after the death of your mother you both will get your seperate kathas or now itself if your mother issues NOC.you get joint katha or individual katha. Please discuss.
