House Khata is transferred illegally

Real Estate
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My brother expired without writing a will. His house khata (at Mysore city Corporation) is transferred illegally by his estranged wife. My mother is alive. All original document are with me. What is to be done to cancel the Khata?

2

Dear @sridhara48

Since your brother passed away without a will (intestate), his property will be inherited according to the Hindu Succession Act, 1956 (if you are Hindus). Your mother has a legal right to the property as a Class-I legal heir along with his wife and children (if any). If the Khata of the property has been illegally transferred to his estranged wife without your mother’s consent, you have legal remedies to challenge and cancel the transfer.

Steps you may follow to cancel the Illegal Khata Transfer:

  1. Obtain Certified Copies of Khata Records: For this, visit the Mysore City Corporation (MCC) and get certified copies of the Khata transfer documents to verify how and when the Khata was transferred.

  2. File a Complaint with Mysore City Corporation: You should submit a written complaint to the Revenue Officer or Assistant Revenue Officer (Khata Section) of MCC with attachment of all original property documents, legal heir certificate, and proof of illegal transfer. Also, request the carification on the cancellation of the Khata transfer due to fraud/misrepresentation.

  3. Obtain a Legal Heir Certificate: If not already obtained, apply for a legal heir certificate at the local Tahsildar’s office to prove your mother’s legal rights over the property.

  4. File a Civil Case for Khata Cancellation: If MCC refuses to cancel the illegal transfer, you can file a civil suit in the jurisdictional civil court to challenge the transfer. The court can issue orders to declare your mother’s ownership rights and cancel the illegal Khata.

  5. File a Police Complaint for Fraud (If Needed): If your brother’s estranged wife forged documents or misrepresented facts, lodge a criminal complaint for fraud and forgery under relevant sections of the Bharatiya Nyaya Sanhita, 2023. Don’t forget to attach all evidence to the complaint (original documents, Khata details, and legal heir certificate).

  6. To file a complaint with Karanataka Police, follow these instructions: How can I file police complaint or e-FIR to Karnataka Police?

Advice :point_right:: Khata does not confer ownership but is essential for property tax and civic records. However, an illegal transfer can weaken your mother’s legal standing. Your mother can also file a partition suit to claim her rightful share in the property.

You should Consult a Property Lawyer to guide you through legal proceedings.