Apply for mutation of property in name of legal heirs
2) enclose death certificate of mother
3) latest receipt of payment of property taxes
4) if no objections are received mutation would be done in your names
Bbmp khata in individual names
We are having four floor building in Jayanagar in joint names of my mother and her 4 daughter in laws total 5 members bbmp khata in name of 5 members my mother expired last year in her unregistered will she wrote that her share equally divided into four of remains members and can do individual khata floor wise what is the procedure
Asked 3 years ago in Property Law
Religion: Hindu
15 Answers
You need to do the needful by submitting the will go bbmp and carry out necessary changes into title
No procedure require. Now other 4 can apply for bbmp khata transfer in all 4 names and delete name of mother. Enclosed copy of WILL with application. And floors they can decide by oral partition.
You need to apply in the BBMP office for floor wise partition of property tax on individual legal heirs names. Provide all details of the property, Building property tax receipt for current year full amount paid, Death certificate of mother and other legal heirs photo id and relationship proof between mother and her four daughter in law.
1. Registration of WILL is not compulsory and is optional. Even unregistered WILL with 2 witnesses will be a legally valid one.
2. To get BBMP Katha for individual floors', a Partition Deed, demarcating individual floors' to each Daughter-in-Law, has to be registered in the jurisdictional Sub Registrar's Office. Then in the prescribed application format of BBMP, after filling it with the required details enclosing therewith the earlier deed, Katha, latest tax paid receipt, partition deed, your mother's WILL, photo IDs, etc., by paying the prescribed fee, individual Katha can be obtained.
3. By following the above procedure, your sisters-in-law can get individual Katha floor-wise.
File an application for letters of administration.
- As per law, registration of WILL is not mandatory .
- Hence after the death of your mother , you can apply for mutation of the said property as per WILL before the Tehsildar/competent authority , and for getting Khata floor wise.
- If refused , then get the said WILL probated from the court of district judge.
Specific performance suit is required as the WILL was not registered
Dear Sir/Madam,
It is suggested that using the said unregistered WILL, the share of mother can be divided among 04 daughters. Then, the 04 daughters can enter into mutual/family partition and have the individual floors on their names.
You can approach the office of the BBMP in your nearest location, you can get the complete guidance and details about all the formalities to be complied in this regard instead of getting improper and misleading information from from forums like this.
Letters of administration can be sought from the court on the basis of the will. Then the property may be divided by arriving at a settlement. It should be registered.
A. BBMP may ask title deeds towards khara transfer for individual names. Therefore in order to get khatha through smooth operation you could execute a Partition Deed based on a will between remaining share holders by merging your mother' s property and bifurcate the same by metes and bounds with measurements. Finally you can get the same by submitting all old khatha and partition Deed.
B. Secondly, to get more clarity, you could approach the BBMP directly with a will and khatha copy towards your query. Because they may reject the same as their process is different.
Execution of settlement deed and it's registration will be best solution for division of Undivided property
apply for mutation of property on basis of will, submit death certificate along with affidavit.. Please contact local advocate for more precise guidance.
- As per the information mentioned in the present query, makes it clear that there has been unregistered will.
- I would like to apprise you that there is no sanctity in law for a Will which is not registered as the same must be a registered one as per the mandate section of the registration act.
- So, there are very chances in law for the execution of the said Will before the court of law to claim rights as per the Will contents.
