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The Khata of property which we own is still in the name of my father who has died five years ago. At present the property is jointly owned by my mother, me and my sister as per the will made by my father. Tax paid receipts are issued in the name of my father. The property is in Gokula Extension, Bangalore. Please advise the procedure for transfer of Khata in our names. Can the Khata be in any one of our names?

- by Siddappa, Mathikere

You have to apply to the Jurisdictional City Corporation office for transfer of Khata. The prescribed form has to be duly filled, signed and submitted to the Corporation Office. The copy of the document evidencing the transfer of immovable property, in your case will should also be submitted along with an application. The Khata can be made in joint names of all three persons or can be in any one of the names, in which case other owners have to file their no objection certificates / affidavits. After the statutory period of thirty days the Khata will be transferred in the name of the applicant.

Transfer of Khata attracts a transfer fee of two percent of stamp duty paid on the transfer document. But in your case, the transfer document being Will, it will not attract any stamp duty and hence no charges are to be paid. After the transfer of Khata, tax receipts will be issued in your names. 

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These are all the legal questions answered by Advocate S.Selvakumar in various magazines, in various occasion including realestate reporter monthly.

QUESTIONS

Q:- We are three brothers and two sisters. My elder sister was married on 3.8.1989, and has one son.  Another sister was married on 5.11.1995, and has no issues. We three brothers are living together as joint family in an ancestral house and have inherited ancestral property of our grandfather. Our parents have expired. Now my sisters are demanding shares in ancestral property including the house and have threatened to file a partition suit.  As we would like to settle the issue amicably, please advise us.

Q:- I have read that “in the absence of any family member not residing with the tenant all the heirs will be entitled to the tenancy right”. “ I have two married daughters residing in Navi Mumbai and I am at the Central suburb, how can I ensure that the tenancy rights of my daughters will be safeguarded and after my death the tenancy can be transferred in their names according to my will ?

Q:- If the property owner dies, what is the procedure to be followed for transferring the property to his legal heirs.

Q:- I am an Orphan and brought up by my distant relative. Out of natural lone and affection, my distant relative wants to give some immovable properties to me by will which he wants to keep secret.  Please clarify whether will requires to be witnessed or I and my relative could sign as witnesses.

Q:-
My friend has immovable properties in States of Karnataka, Andhra Pradesh and Madhya Pradesh.  He has made a WILL in respect of these properties and wants to get it registered. Please clarify:
(a) As to the state in which will is to be registered.
(b) Can any member of the public or legal heirs of my friend obtain certified copies of the will?