I am a widow with two married daughters. My husband (in whose name there are residential plots) died without making a will.
I am now facing issues with the transfer of khata . I have the following documents: death certificate, an up to-date encumbrance certificate, paid tax receipt. Will the transferred khata be a joint one or will it be only in my name?
I plan to first transfer the properties in my name and then gift them to my daughters after drafting a will.
Ratna Seetharama Bangalore
As per the laws of succession, the mother, wife and children of the deceased will be the class I legal heirs and will succeed to the estate of the deceased in equal shares.
In the absence of the mother, the three of you will be entitled to the property in one-third share each.
If you intend holding the property in your name exclusively, your daughters have to execute a Deed of Release, releasing their shares in your favour.
Please consult your lawyer for necessary guidance for execution of the Release Deed as well as obtaining khata .
