How to Transfer Property After Death in India

In India, property transfer after death of a family member entails a legal procedure. The requirements and steps of which vary based on if the person had left behind an executed Will.

What law governs their personal succession, number of legal heirs and more. Typically, property transfer consists of; obtaining the death certificate, determining legal heirs, court papers (such as probate or a succession certificate if applicable, letter of administration), mutation, and finally the registration of the new property holder.

Two Main Situations: With Will and Without Will

1. If there is a valid will

Will If a deceased person had a registered and valid will, the entire property would pass on to the persons nominated under the will. For this, mostly probate of the will gets obtained (which is an order confirming validity of the will, issued by the court.

The same has to obtain before Sub Registrar at least in the metro cities.) On obtainment of probate, the same is required to present to the sub-registrar or relevant authority in order to transfer title under his name and then obtain mutation in revenue record.

2. If there is no will (intestate succession)

In the absence of a Will, the property devolves upon legal heirs under relevant personal law(s), viz., Hindu, Muslim, Christian etc. The heirs normally apply for legal heir certificate and/or succession certificate from the court / revenue authorities in such circumstances.

Thereafter the heirs may create an application/release deed/family settlement where some heir(s) wish to waive their right in favor of some other heir(s) and apply for mutation & registration. how long do you have to transfer property after death

Step-by-Step Process to Transfer Property After Death

Step 1: Obtain the death certificate

First practical, official action is required is to collect death certificate of your deceased from concerned municipal corp. OR Hospital where the death is registered. Take few authenticated copy as they will be used everywhere.

Step 2: Know yourlegal heir First

you must know that who is(are) your legal heir(s) under relevant personal laws. For Hindus there is Hindu succession act 1956, which generally has two class I & two class II Hindu legal heir. For Christian , Muslims and others special Hindu.

Step 3: Look out for Will

Has your deceased written or createdany will If yes than you have to get thatwill scrutinized and see whether thesame is duly created/executed whether probate will be required or notin your state.

Step 4: Court documents (probate, succession certificate, letter of administration)

Whatever the case may be, one of the above may be required:-

Probate – a court order that certifies the validity of the will.
Succession certificate – this court-issued certificate would prove the legal heirs and beneficiaries and entitle them to inherit, especially securities and debts, but could also be issued for property.
Letter of administration – when there is no named executor or when probate has not been applied for in the usual manner.

In most situations, especially in big cities, the property will not transfer with a will until and unless a probate order has been applied for.

Step 5: Obtain legal heir certificate (if no will or in addition)

How to transfer property to your heirs in Indian Muslim Law When there is no will and even some cases of with a will, alegalheir certificateshould be obtained from theTehsildar ortheMunicipal body. It isnot a title deed but is useful to obtain identification of heirs formutation and subsequent proceedings.

Step 6. Determine how the property should be apportioned and distributed among the heirs.

Multiple heirs would need to decide: – to hold the property jointly with their names. – or will any of them waive away their share and distribute between others (heirs). If heirs were giving up their share in this case(will be signed and registered) arelease deedor relinquish deed document would be signed and executed in.

Step 7: Apply for mutation of property records

Mutation is the updating of the names of property owners in revenue records ( Municipal / tehsil records ). This is required for government purposes, for paying property tax , for obtaining water connection. To process mutations, you’ll generally need to file the below mentioned: Death certificate.

Will, along with probate of Will (if any) obtained.
Legal heirs certificate or certificate of succession. Title deed. Death certificate. Heir/owner identity proofs.
Recent property tax bill / receipts.
Relinquishment deed or NOC document, if applicable.

Step 8: Update utility and property tax records

Update records of property tax, water, electricity, etc: Oncemutationis done, update records of property tax, water, electricity and otherutilityaccountsto the new owner’s name. This avoids problems in the future with due collections. Step 9: Obtain registration if required If theTransferofproperty is done using a relinquishment deed, family settlement OR conveyance deed, then the deed must be registered at the Sub-registrar’s office with suitable stamp duty and registration fee. AfterRegistration, mutations are done.

Documents Typically Required

There are lots of documents required for transfer of property however these documents vary person to person. But here are some common documents given below that are mandatory for transferring property after death:

Death certificate (DC).
Original title deed or sale deed of the property.
Legal heir certificate or succession certificate.
Identity and address proof of heirs.
Will (if any) and probate (if obtained).
Property tax receipts and utility bills (latest).
Relinquishment deed / release deed / family settlement deed (if applicable).
Encumbrance certificate (if required).
Application – mutation and registration.

Which Law Applies?

Basically the law that governing succession totally depends on the religion and personal law of the country. Below you can see the easy classification of some of the laws or acts:

Hindus, Sikhs, Jains, and Buddhists are dealt under: Hindu Succession Act, 1956.
Muslims: For Muslims there is a personal law of inheritance available (Muslim Personal Law (Shariat) Application Act, 1937).
For Christians and Parsis: The Indian Succession Act,1925, and their personal laws are relevant for the inheritance of the property after death.

Hence the list of legally entitled heirs with respective percentage share of each will vary from family to family.

Common Mistakes to Avoid

Transfer without the deceased’s death certificate and legal heir proof.
Being Ignorant of Probate where a Willis was involved.
Failing to execute a deed for relinquishment where one party relinquishes property or share.
Knowingly skip mutation, which may arise later issues like the tax, sell and loan transaction.

When to Consult a Lawyer

You should talk to a property lawyer when you should work with a property lawyer for these circumstances:

The number of heir/heirs there might be issues on who will obtain what.
If it turns into a contested will The will has not been register or the statement in the property’s will is ambiguous or disputed.
If it covers assets in multiple states.
If there exist loans or mortgages, as well as other claims over the property from other people.

The lawyer will aid you on the creation and file some court petitions for you so the transfer is secured.

FAQs

Is it compulsory to transfer Property After Death in India?

If yes, a legally updated change in ownership is required for sale, mortgage, tax, and several other reasons and you’ll have to make property transfer in the rightful names of legal heirs.

Can A Property be Transferred Without a Will?

Yes, if no will exists, properties go to Legal Heirs according to the applicable law and transferred via Legal Heir Certificate/ Succession Certificate and mutation.

What is Probate and When is it Needed?

An order confirming the will, issued by a court. The requirement varies from state to state, but highly advisable in metropolitan areas to secure from future issues.

What is the Mutation of Property?

Update the concerned governmental authority that the property’s rightful owner has been changed through death.

Why do you need?

For calculating property tax & also for administrative procedures of property.

Will All Heirs Be present for the property transfer process?

If property is being transferred in the name of single heir then all the other heirs are often required to execute relinquish deed or issue official NOC.

How Long Does the process will Take?

For some parts of the legal proceedings, like in case of succession or probate order, there is no specific time limit for any court in India and for the same reason time may get extended to more than a year and in simple cases, for few months also.