• Clarity of title

Mr.(a)   has taken property in 1944 through a sale deed and transferred a part of the property to his brother's   mr( b) & mr( c)   in 1965 through a katha transfer respectively.
Now mr.b sold the property (only his land ) .  to mr   (x) through sale deed in 2009 

Q 1)is the mr x rights are clear. 


(note sons of mr ( a) , known the above tranction and stay in one part of the property which belongs them.) the property is karnataka
Asked 2 years ago in Property Law from Mysore, Karnataka
Religion: Hindu
1) k hata consists of all the details of property –the name of the owner, size of the buildings, location of property and other details that help to file property tax.

2) Khata transfer is done either for reason of sale of property, gift, will, or a death of property owner and such cases.

3) if Mr A had sold or gifted the property to his brothers then Mr B and C would be absolute owners of property 

4) Mr X title would be clear 

5) it is better you get   the title documents vetted by local lawyer before purchase of the property 
Ajay Sethi
Advocate, Mumbai
32421 Answers
1789 Consultations

5.0 on 5.0

1. A katha transfer is no transfer of property if it is not preceded by execution of title deed. The transfer of property is possible only through a sale deed or gift deed.

2. The rights of X are not clear as the legal heirs of A can claim under the title of X.
Ashish Davessar
Advocate, Jaipur
20451 Answers
542 Consultations

5.0 on 5.0

how did mr a transfer portion of property in favour of his brother mr b & mr c, gift, sale or in what manner, katha transfer will only be effected based on either gift or sale deed or partition or family settlement deed and not otherwise. 
we need more information in this regard
Kiran N. Murthy
Advocate, Bangalore
868 Answers
69 Consultations

5.0 on 5.0

Hi, transferring of a property through Katha is not  a valid transfer at all.

2. Though the Katha has been made out in the name of B and C but they are not absolute owner of the property. When  B and C are not absolute owner of the property then b can not sold the property to  X.

3. X has not valid title over the property.
Pradeep Bharathipura
Advocate, Bangalore
4274 Answers
168 Consultations

4.3 on 5.0

If the transfer of property executed by a in favor of his brothers was through a registered document, if yes, then the subsequent sale by B to X through a registered sale deed will be valid and the heirs of A cannot make any claim on it at this stage as everything has been transacted in a proper and legally recognised manner. 
So what is your query?
T Kalaiselvan
Advocate, Vellore
22600 Answers
220 Consultations

5.0 on 5.0

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