• Property transfer in Bangalore based on Will

My father passed away a month ago and he has left a Will. In the Will (not registered and not on stamp paper), my father gave property (plot in Bangalore) 50-50% share between my brother and me. The Will was done in 2010 and has two witnesses (one of them is Doctor and other family friend a central govt officer). Now, we want to transfer the Bangalore property from my father's name to ours (my brother & mine). What documents do we need other than Will and property related documents ? What are next steps ? (we have mother and two sisters - do we need their signatures too?)
Asked 10 months ago in Property Law from Hyderabad, Telangana
Religion: Hindu
Hi, based on the will you have to transfer the property to you and your brother name.

2. As per law, will need not be registered and one more thing is that will is attested by two witness it is sufficient.

3. You have to present the copy of the will in the BBMP office and change the katha in you and your brother name.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
1) apply for probate of father will 

2) you  have to file testamentary petition in HC

3) enclose death certificate of father , affidavit of attesting witnesses 

4) notice would be issued to all legal heirs 

5) if no objection received probate would be granted by the court 

6) on basis of probate apply for mutation of property in your name and that of your brother 

Ajay Sethi
Advocate, Mumbai
23290 Answers
1219 Consultations
5.0 on 5.0
1. On the basis of the will you and your brother can apply for mutation of the property to be sanctioned in your favour. The mutation application will have to be supported by the death certificate of your father and a copy of the will. 

2. The signatures of your mother and sisters are not required as they have been excluded from succession by your father. 
Ashish Davessar
Advocate, Jaipur
18158 Answers
449 Consultations
5.0 on 5.0
you have file a probate for execution of WILL. WILL is not required to be registered, section 17 registration act does not apply on WILL. no need to produce other document than WILL and your personal identity proof. those two witness will identify you in the court then court will pass probate and property will be devolved you as par the will.
Shivendra Pratap Singh
Advocate, Lucknow
2752 Answers
41 Consultations
4.9 on 5.0
1) probate is not mandatory in Bangalore

2) probate takes around 6 months if not contested 

2) yiu can apply for transfer of property based on will , death certificate of your father , identity proof etc 
Ajay Sethi
Advocate, Mumbai
23290 Answers
1219 Consultations
5.0 on 5.0
Hi, as per law in Karnataka probate is not necessary. You can simply present the will and transfer the property in both the names.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
1) your brother can execute POA in favour of his wife 

2) POA should be attested before Indian consulate on USA 

3) for mutation of property make an application to authorities enclos copy of father death certificate , will , affidavit , identity proof  of the beneficiaries of will , proof of payment of property taxes 

4) notice would be issued to legal heirs 

5) if no objection received mutation would be done in name of beneficiaries of will 
Ajay Sethi
Advocate, Mumbai
23290 Answers
1219 Consultations
5.0 on 5.0
1) affidavit should mention name of  legal heirs of your deceased father 

2) the ration card would reflect name of all family members of your family 
Ajay Sethi
Advocate, Mumbai
23290 Answers
1219 Consultations
5.0 on 5.0
Probate is optional in Bangalore. Even without probate of will, as it is not mandatory, you can apply for mutation in your favour, which will be sanctioned. This being said, probate will not take more than a few months.

Ashish Davessar
Advocate, Jaipur
18158 Answers
449 Consultations
5.0 on 5.0
Your brother can execute a GPA in your favour to authorize you to apply for mutation on his behalf. The GPA would have to be attested at Indian Consulate in US and then registered in India. 
Ashish Davessar
Advocate, Jaipur
18158 Answers
449 Consultations
5.0 on 5.0
The legal heirs of a deceased Hindu male are his children, widow and mother. The affidavit will only make a declaration of the truthfulness of the list of legal heirs.
Ashish Davessar
Advocate, Jaipur
18158 Answers
449 Consultations
5.0 on 5.0
1) local lawyer can guide you time taken for completion of process in Bangalore 

2) 15 days time is given from date of receipt of notice to submit written objection for transfer 

3) it is better you remain in Bangalore for completion of the process . if it is not possible execute POA in favour of relative 
Ajay Sethi
Advocate, Mumbai
23290 Answers
1219 Consultations
5.0 on 5.0
1) it is better you do transfer of property for your share and for your brother share at the same time .

2) it will help you save lot of money 
Ajay Sethi
Advocate, Mumbai
23290 Answers
1219 Consultations
5.0 on 5.0
1) rights of both yours and your brother flow from same will 

2) you have to jointly make application for mutation of the property at same time
Ajay Sethi
Advocate, Mumbai
23290 Answers
1219 Consultations
5.0 on 5.0
Hi, Katha of the property will be transferred in joint name from your father to both of your names. 

2. You can't transfer the name one after another.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
My father passed away a month ago and he has left a Will. In the Will (not registered and not on stamp paper), my father gave property (plot in Bangalore) 50-50% share between my brother and me. The Will was done in 2010 and has two witnesses (one of them is Doctor and other family friend a central govt officer). Now, we want to transfer the Bangalore property from my father's name to ours (my brother & mine). What documents do we need other than Will and property related documents ? What are next steps ? (we have mother and two sisters - do we need their signatures too?)
If the property was your father's self acquired property and he had marketable title to it, then it was his absolute property and hence the will is valid.  However since it is an unregistered will, some time the local civic body may demand legal heir ship certificate from a court of law and a NOC from other legal heirs to transfer the khatha on yours as well your brother's name.  Actually it is not required, but for smooth sailing you may comply with this requirement and obtain a joint katha in both of your names. 
For mutating the revenue records, you may to produce 1) Death certificate ,  2)Copy of will,   3) link documents,   4) encumbrance certificate.
T Kalaiselvan
Advocate, Vellore
14056 Answers
127 Consultations
5.0 on 5.0
Is probate of WIll necessary for transfer of property in Bangalore ? (I realize it is good to have but is it necessary). Both myself & brother are US citizens now and we would like to avoid lengthy process. Just the Will, identity proof, death certificate of my father, property documents sufficient? The Will was made by my father in Hyderabad and the two witnesses of the Will too reside in Hyderabad. It would be helpful if lawyers from Bangalore respond as they would have more local experience and actual cases done before
Probate of will is  not necessary in Bangalore.
You have to apply for transfer of katha on your both the names.
Sometimes the authorities may insist on probate of will, but you may carry all other documents as stated. 
T Kalaiselvan
Advocate, Vellore
14056 Answers
127 Consultations
5.0 on 5.0
Thanks a lot, I am currently in India but my brother is currently in USA. The plot is in Sahakar Nager (Bangalore) and has to be transferred to my & my brothers name (my father's Will mentions plot shared equally between us brothers). Can my brother send power of attorney to me or to his wife (who is currently here in India) ? If we can do the transfer using power of attorney, can you please tell the process and documents required.
If your brother is unable to come to India, he can execute a power of attorney deed either in your favor or his wife's favor, get it notarised from local notary public in US or get it attested by Indian high commission or Indian embassy.
Along with this the other documents already mentioned to be accompanied. 
T Kalaiselvan
Advocate, Vellore
14056 Answers
127 Consultations
5.0 on 5.0
Thanks. Can you tell me more about the "affidavit" ? Affidavit from the Will's witnesses ? What should that affidavit document convey ? Second, since MRO (Mandal Revenue Office here in Hyderabad) does not issue Family Member Certificate for property purposes - how do I give the list of legal heirs (my mother and two sisters) ? How are legal heirs identified ?
A duly sworn or affirmed affidavit from the witness and duly notarised by notary public shall be an authentication to the Will to enable the authorities to proceed without much hassle. 
If Hyderabad authorities refuse to  give legal heir ship certificate  you may make a representation in writing to Tahsildar to either issue a legal heir ship certificate or to attest the family tree certificate prepared by you.  This will take care of all other issues.
T Kalaiselvan
Advocate, Vellore
14056 Answers
127 Consultations
5.0 on 5.0
How long will the whole process be (since my brother and I primarily reside in USA) for transfer of property based on Will in Bangalore ? If I show the Will, death certificate and property papers, affidavit at BBMP - will they (who?) will send notices to other legal heirs (and how long would the period be for responses)? Trying to get estimate of time needed for whole process. Will our presence be needed here in Bangalore after we apply
The process may not take too much of time.  There are some agents for getting  the job done through some back door methods.  BBMP, if given with a NOC, may if convinced waive the requirement of other strict formalities and you can get the katha at he earliest.. 
T Kalaiselvan
Advocate, Vellore
14056 Answers
127 Consultations
5.0 on 5.0
My father had given me and my brother equal shares in the plotin the Will. Is it possible that we do the transfer of property from my father to our names separately (like I do it now for my 50% share) and my brother does it later (like in May-June) when he is here in Bangalore for his 50% share. Or should both of us have to do the transfer of property based on Will at the same time?
As far as transfer or mutation of revenue records you should not delay the subject matter any more. 
Both can do it together to avoid cost and strain in this regard. 
T Kalaiselvan
Advocate, Vellore
14056 Answers
127 Consultations
5.0 on 5.0
Sanction of mutation should not take longer than a month or two. Once you file the application the extract will be issued within a month. The notices may be sent to other legal heirs to afford them an opportunity to file their objections, if any. The period will be decided by the registrar. The entire process may tentatively take around 2 months. 
Ashish Davessar
Advocate, Jaipur
18158 Answers
449 Consultations
5.0 on 5.0
Your presence cannot be required if you have executed a GPA to authorize someone else to appear on your behalf. Both of you may collectively or either of you may individually apply for mutation to the extent of your respective shares.
Ashish Davessar
Advocate, Jaipur
18158 Answers
449 Consultations
5.0 on 5.0
1) khatha means account . t is a document that shows a property owner having an account with the Municipality or any civic authority  for paying taxes.


2) For Transfer of Katha from one person to another based on the documents like sale deed, will, gift deed, family partition, release deed, in respect of properties already having khatha:-

Application in prescribed form
Title documents, flow chart of the title
Copy of upto date tax paid receipt
Affidavit regarding / inheritance / gift / court decree.
Original Death certificate in case of Kathadar’s death

3) contact a local lawyer 
Ajay Sethi
Advocate, Mumbai
23290 Answers
1219 Consultations
5.0 on 5.0
The property is a plot at Sahakara Nagar in Bangalore. From what I heard, if using Will, we need to do Khatha transfer (not Registration) at sub-registrars office. What is Khatha transfer and what does it involve and how it is different from registration ? What documents do we need for Khatha transfer? 
The khatha transfer is being done by BBMP and not by Sub-registrar.
Khatha literally means, account. It is a document that shows a property owner having an account with the Municipality or any civic authority (BBMP -Bruhat Bangalore Mahanagara Palike) for paying taxes. The details of a it include the property owner’s name, size/measurement of property, location,built-up area, vacant or occupied etc., and is essentially required to calculate the total tax payable on that property.
For procedure, first you have to apply in the form prescribed for transferred property.

Required documents for Katha Applications:  For Khatha Registration;

For Transfer of Katha from one person to another based on the documents like sale deed, will, gift deed, family partition, release deed, in respect of properties already having khatha:-

Application in prescribed form
Title documents, flow chart of the title
Copy of upto date tax paid receipt
Affidavit regarding / inheritance / gift / court decree.
Original Death certificate in case of Kathadar’s death.

Now we can apply for Khata through online module.

Visit http://bbmp.gov.in/khata
T Kalaiselvan
Advocate, Vellore
14056 Answers
127 Consultations
5.0 on 5.0
Yes it is khatha that is to be applied for. No document of title is to be executed as your title now flows from the will of your father. The documents required are the original title deed, will of your father and his death certificate. Engage any Bangalore based lawyer to commence the process.
Ashish Davessar
Advocate, Jaipur
18158 Answers
449 Consultations
5.0 on 5.0

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