Bengaluru: A person holding life interest in a property could be issued a holder’s khata by the corporation concerned while the legal heirs could get a regular joint khata, the high court observed in a recent judgment.
Allowing a petition filed by one Shanthamma, Justice Suraj Govindaraj directed BBMP to consider the application filed by her and issue a holder’s khata in her favour and a regular khata in favour of her three sons and daughter, in respect of a property in Bengaluru.
Shanthamma’s husband HA Veerabhadrappa was the absolute owner of the property, situated at Banashankari II Stage. He died on April 27, 2022, leaving behind a will under which a life interest was created in favour of Shanthamma. Thereafter, the said property was to devolve on to her three sons and daughter.
Shanthamma approached the high court after BBMP declined to issue her a khata, saying that her daughter had objected to it.
After perusing the material on record, Justice Govindaraj pointed out that a life interest created in favour of a person doesn’t by itself confer on her/him the title of the property, but confers a possessory right to enjoy the usufruct of the property during her/his lifetime.
“On the expiry of the life interest holder, either the directions of the will or the inheritance laws would come into force, requiring devolution of the property to such legal heirs of the deceased,” the judge said, adding that when a person claiming life interest satisfies the requirements thereof, a holder’s khata could be issued to such a person.
Allowing a petition filed by one Shanthamma, Justice Suraj Govindaraj directed BBMP to consider the application filed by her and issue a holder’s khata in her favour and a regular khata in favour of her three sons and daughter, in respect of a property in Bengaluru.
Shanthamma’s husband HA Veerabhadrappa was the absolute owner of the property, situated at Banashankari II Stage. He died on April 27, 2022, leaving behind a will under which a life interest was created in favour of Shanthamma. Thereafter, the said property was to devolve on to her three sons and daughter.
Shanthamma approached the high court after BBMP declined to issue her a khata, saying that her daughter had objected to it.
After perusing the material on record, Justice Govindaraj pointed out that a life interest created in favour of a person doesn’t by itself confer on her/him the title of the property, but confers a possessory right to enjoy the usufruct of the property during her/his lifetime.
“On the expiry of the life interest holder, either the directions of the will or the inheritance laws would come into force, requiring devolution of the property to such legal heirs of the deceased,” the judge said, adding that when a person claiming life interest satisfies the requirements thereof, a holder’s khata could be issued to such a person.