Understanding the transfer of property after death in India

Dealing with legal procedures after losing a loved one is always challenging and overwhelming. However, sooner or later, every family has to figure out the legal heir and transfer property in their name. But, knowledge of the right process of transferring property after death is crucial as factors like the presence or absence of a Will can make a lot of difference. Read this article as 99acres briefly explains the process of transferring property after death in India.

Transfer of property after death in India

When a person passes away, their property needs to be transferred to their legal heirs or beneficiaries. The process can vary depending on whether the deceased left a Will (testate) or did not leave a Will (intestate). Let us look at the procedure to transfer a property in both scenarios:

Transfer of property with a Will

A Will is a legal document in which a person specifies how their property should be distributed after death. If the deceased has left a Will, the property is transferred according to their wishes.

Steps to transfer property with a Will:

Here are the steps to transfer property after death when there is a Will:

• The beneficiary needs to gather key documents, such as the deceased's death certificate, the original Will, and a legal heir certificate.
• The Will must be probated or validated by a court. This involves submitting the Will to the court and proving its authenticity.
• Once the probate is granted, the executor applies for the mutation of the property in local revenue or municipal records. The executor is a person named in the Will, responsible for managing the distribution of the property according to the instructions in the Will.
• The executor manages the transfer of the property title to the beneficiaries. This involves updating property records at the local sub-registrar's office.
• After verification, the property records are updated to reflect the new ownership in the name of the beneficiaries.

Note: When a husband passes away and leaves a Will, the property transfer will follow the above-mentioned steps. After the probate process, the wife and any other named beneficiaries will receive their share as specified in the Will. In the case of a father's death, the property will be distributed to his children or other beneficiaries as outlined in the Will.

Transfer of property without a Will

When a person passes away without a Will, their property is distributed according to the laws of intestate succession. These laws refers to the legal process of distributing property when someone dies without a will and can vary based on religion

Steps to transfer property without a Will:

• The legal heirs must obtain a legal heir certificate from the district court.
• In some cases, a succession certificate from the court may be required to establish the heirs' rights.
• If there are multiple heirs, the property must be divided among them. This might involve a mutual agreement or a court process if there are disputes.
• The heirs must apply for the transfer of property title at the local sub-registrar's office.

Note: If a husband dies without a Will, his property will be distributed according to applicable succession laws such as the Hindu Succession Act, Indian Succession Act, and Muslim Personal Law). The same applies to the case of the father's death, and the property will be divided among his legal heirs. The primary heirs include the wife, sons, daughters, and mother.

Documents required for transfer of property after death

If you are a legal heir and want to transfer property in your name, you need to fulfil several legal obligations. The process also requires various documents to prove your claim and ensure a smooth transfer. Here is a list of the necessary documents:

Whether there is a Will or not, property transfer after death is possible by following the right process. However, one may face challenges that can slow things down such as disagreements over property division, missing or incomplete documents. Therefore, one should be aware of the legalities and the required approach. Individuals can also seek help from professionals to navigate through the process.