I wanted to inquire about a property / succession law.. I'm planning to buy a property from a Seller in Bangalore. Below are the details / scenario of Seller 1. Property owned by Aged Male 2. He died without a will 3. He has wife and adult 4 male children 4. After his death, the property has been transfered to Wife (widow) by means of a Khata transfer (Bangalore BBMP) 4. All the 4 children has signed an affidavit as a No-objection to transfer the said property Khata to their Mother 5. The current Khata is in the Widow's name, and all the tax has been paid from her name 6. They are planning to sell the property My Query 1. Who is now the absolute owner of this property? 2. Is it just the widow (who has the property Khata in her name), or the legal heirs - 4 children as well? 3. Whose name should be in the Sale agreement as Seller(s)? Thanks, Harish
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Hi, All the children and widow are the absolute owner of the property as it has come form their father and widow husband.
2. If they want to sell the property all the legal heirs are enter into the sale Agreement then only it is valid.
3. It is better get a legal opinion from the Advocate and proceed further.
1. Unless a deed of relinquishment has been executed in favour of mother by all her children, the former does not become the owner of the property in entirety. Absolute ownership is a different concept. A mere no-objection certificate does not transfer the property to the mother.
2. You should purchase the property only if the widow and all her children sign the sale deed.
1) widow and 4 sons are owners of the property .
2) no deed of relinquishment or gift deed has been executed by 4 sons in favour of mother
3)all the legal heirs have to sign the sale deed
Since the husband of the widow died intestate the property if self acquired or ancestral will devolve on his legal heirs equally.
the children have given NOC to BBMP to effect the transfer of Katha in the BBMP records into the name of their mother and accordingly she is now the owner of the property.
at the time of sale of the property she will execute the absolute sale deed as the vendor/seller the children if major's will sign as consenting witnesses in favour of the purchaser. same holds good even for a sale agreement.
1. Khata transfer does not alone conference title upon the holder. So in other words apart from the widow the other 4 children still have share in the property.
2. So both in the sale agreement and the sale deed all the children and the widow must sign. In absence of any of them you won't get full title in the property.
A. When a hindu male died without execute a Will that property shall be distributed equally between the class I legal heirs i.e, wife, mother and children.
B. In your case, only khatha has been transferred to mother name, doesn't it mean that property right has not released from their children, Hence all the 4 male children signature on Sale agreement and Sale deed at the time of registration is mandatory.
C. Therefore, all 4 male children along with mother would be considered as lawful owner of the property. Hence, 4 children and mother name must be mention in the Sale Deed as owners.
Thank you for all your responses.. I posted the majority response - All the 4 children's name must be there on Sale agreement and Sale deed, to the Seller, and got his query as below.. Appreciate your clarification for below points (from Seller).. 1. As we are giving no objection letter to my mother to sell the property, bank can give the entire amount to our mother’s name. (Buyer is taking a bank loan, and Seller is concerned about capital gains if all the 5 names are mentioned in sale deed. Also, they are concerned if the bank loan DD would be distributed in all their names?) 2. We are not HUF (Hindu undivided Family). Also I do not think sub registrar will agree to include all the 5 names as owners as the present owner is my mother (as per Khata certificate/extract). 3. All sons are signing the sale deed in the presence of sub-registrar (as a witness) so that no claim can be raised in future.
1) mere NOC is not sufficient . they have to relinquish their interest in property by signing deed of relinquishment and it has to be duly stamped and registered
2) you are not concerned with capital gains if any levied . bank would insist that cheque be issued in name of all the legal heirs
3) mere signature as witness is not sufficient . sale deed has to be signed by all the legal heirs
1. Record in Khata does not denote ownership or Title of the property, Registered Title Deed does. So, in absence of any registered Title Deed, all the legal heirs of deceased owner are te joint owners of the said property,
2. All the ;lagal heirs are the joint owners of the said property till the other legal heirs registers a relinquishment or settlement deed in favour of their mother,
3. The names of all the joint owners should sign as Vendors of the said property in the sale agreement and the sale deed.
1. There will be no capital gain in the case of selling inherited property.DDs of equal amount can be given to each owner aggrgating the total disburesement of the Bank loan,
2. Your thinking wrong. Sub-Registrar shall have to accept that there are 5 owners of the property based on the legal heir certificate. However, you all can execute and register a relinquishment/settlement deed transfer your share on the property to your mother if you want the property to be only in her name,
3. Yes, in absence of any settlement / relinquishment deed, all the legal heirs should sign the agreement of sale and sale deed in presence of the sub-registrar.
1. Mere signing as witness in the deed will not do. They must have to sign as vendors so their respective undivided share in the property legally passes on the buyers.
2. Even in huf all co-sharers need to be party to the deed.
3. Their excuse on income tax issue has no tenable basis and hence you must avoid to pay heed to such bogus eexcuses in future.
1. As I said earlier, a NOC from children does not serve to transfer the property to their mother. The mother can pocket the sale proceeds on the basis of NOC but this will not make the sale beyond the pale of a legal challenge by her children.
2. Either ask them to execute a relinquishment deed or settlement in favour of their mother, or all of them should sign the sale deed.
It is your wrong notion that just because the khatha was transferred on the widow's name she became the owner of the property. Khatha is just a revenue record and will not confer title to the property.
You may do any act as per your fancies and whims but law will not recognise it.
If at all the sons want the property to be registered on their mother's name alone then they have to relinquish their rights on the property by executing a registered release deed in her favor.
instead of registering a release deed and then she selling the property through a registered sale deed, all the legal heirs can jointly sell the property to the buyer directly, what is the problem in it. If they can sign as witness in the sale deed, what makes them not to sign a sellers?, Is there anything suspicious about the property's genuineness?
