Who inherits property once someone dies? You might have come across this question, the answer to which is determined by applicable legislation and the presence of a will. In addition, different scenarios may yield different results. Let’s look at the procedure of transferring property after death, including the required documentation and probable problems.
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Dealing with legal formalities after losing a loved one is often difficult and overwhelming. However, sooner or later, every family must determine the legal heir and transfer property in their name. However, awareness of the legal procedure for transferring property after death is critical, as circumstances such as the presence or lack of a Will can make a significant impact. This article provides a basic explanation of the procedure of transferring property after death in India.
Transfer of property after death in India.
When someone passes away, their property must be passed to their legal heirs or beneficiaries. The procedure varies depending on whether the deceased left a will (testate) or no will (intestate). Let’s look at the procedure for transferring a property in both instances.
Transferring property by Will
A will is a legal document in which a person determines how their property will be transferred after death. If the deceased left a will, the property is transferred in accordance with their desires.
Steps to transfer property using a Will:
The following are the steps to transfer property after death where there is a Will:
- The beneficiary must acquire important documents, including the deceased’s death certificate, the original Will, & a legal heir certificate.
- The Will must be probated or validated in court. This includes submitting the Will to court and verifying its legitimacy.
- Once probate is granted, the executor asks for the property’s mutation in local revenue or municipal records. The executor is the person specified in the Will who is in charge of ensuring that the property is distributed in accordance with the Will’s directions.
- The executor oversees the transfer of property titles to the beneficiaries. This includes updating property records at the local sub-registrar’s office.
- After verification, the property records are amended to reflect the new ownership in the beneficiaries’ names.
Note: When a husband dies and leaves a Will, the property will be transferred in accordance with the stages outlined above. Following the probate process, the wife and any other named beneficiaries will get their shares in accordance with the Will. In the event of a father’s death, the property will be dispersed to his children or other beneficiaries as specified in the Will.
Transfer of property without a will
When a person dies without a Will, their inheritance is divided according to the laws of intestate succession. These rules refer to the legal process of dispersing property when someone dies without a will, which can vary depending on religion.
Steps for transferring property without a will:
- The legal heirs must request a legal heir certificate from the district court.
- In some situations, the heirs’ rights may be established with a court-issued succession certificate.
- If there are several heirs, the estate must be split among them. If there are disagreements, this may result in a consensual agreement or a legal proceeding.
- The heirs must apply for a transfer of property title at the local sub-registrar’s office.
Note: If a husband dies without a Will, his estate will be dispersed in accordance with the appropriate succession laws (such as the Hindu Succession Act, Indian Succession Act, & Muslim Personal Law). The same is true in the event of the father’s death, with the property distributed among his legal heirs. The principal heirs are the wife, boys, daughters, and mother.
Documents required for transferring property after death
If you are a legal heir & want to transfer property into your name, you must meet many legal requirements. The process also necessitates the submission of various documents to back up your claim and ensure a smooth transfer. Below is a list of the necessary documents:
Document name
- Death certificate
- Legal heir certificate
- Succession certificate
- Probate (if there is a will)
- No objection certificate (NOC) from other heirs
- Property title deed
- Identification proof of heirs
- Affidavit (if needed)
- Mutation application
Property transfer after death is feasible regardless of whether a Will is present if the correct procedures are followed. However, conflicts over property allocation, as well as missing or incomplete documentation, can cause delays. As a result, one should be informed of the legalities and the appropriate strategy. Individuals might also seek assistance from professionals to manage the procedure.
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