Transferring property in India can be more complicated when a person dies without leaving a will. In such cases, the property is distributed according to the laws of intestate succession, which vary depending on the deceased's laws. The deceased's legal heirs are entitled to their respective property shares. In this guide, we will go over the steps involved in transferring property after death in India without a will.
Identifying Legal Heirs:
● Identifying Legal Heirs: The first step in transferring property without a will is determining the deceased's legal heirs. The deceased's laws determine the legal heirs, such as the Hindu Succession Act, Muslim Personal Law, or Indian Succession Act for Christians and others. Without a will, the legal heirs are the deceased's spouse, children, parents, and other close relatives.
● Obtaining a Legal Heirship Certificate: Family members must apply to the appropriate authorities for a legal heirship certificate to establish legal heirs' rights to the deceased's property. The certificate legalizes the heirs and their interests in the property.
● Obtaining a Partition Deed: After identifying the legal heirs and determining the property shares, they can execute a partition deed. The partition deed documents the property division and establishes each legal heir's separate ownership of their respective share.
● Registration of the Partition Deed: The partition deed must be registered with the Sub-Registrar of Assurances in the jurisdiction where the property is located to be legally valid and enforceable. The registration ensures that the property division is recorded in the official records.
Property Mutation:
● After the partition deed is registered, the legal heirs must apply for mutation of the property in their respective names. The process of updating the property records with the new owners' names is known as mutation.
● Submitting Required Documents: Besides the application for mutation, the legal heirs must submit a copy of the partition deed, the legal heirship certificate, and any other relevant documents to the municipal corporation or local authority in charge of property records.
● Verification and Approval: The authorities will verify the documents submitted and, if necessary, conduct a site inspection. After satisfactory verification, the property mutation is approved, and the names of the legal heirs are updated in the database.
Conclusion:
In India, transferring property after death without a will necessitates following the laws of intestate succession and the personal laws applicable to the deceased. Identifying the legal heirs, obtaining a legal heirship certificate, dividing the property according to personal laws, executing a partition deed, and registering the same with the authorities are all part of the process. The final step is to mutate the property, ensuring that the property records are updated with the new owners' names. To ensure a smooth and legally valid property transfer without a will, the legal heirs must seek legal advice and meticulously follow the necessary procedures. Legal heirs can secure their rightful shares of the deceased's property and uphold the principles of inheritance under Indian law by understanding and fulfilling their legal obligations.
