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Agricultural property inheritance in Tamil Nadu
26-Sep-2023 (In Property Law)
Dear sir, I am living in Australia last 20 years. I came to Australia at the age of 32. I had been living with my father in India from birth to 32 years. My father is 81 years old now. He has divided his agricultural land and gave to my brothers. I had been sending money to him for last 20 years which he has saved it and bought a 2 Acer of agricultural land this year (23/06/2016) on his name in Tamil Nadu. He has written a will that after his death the property should be taken by me (His Eldest son). He also gone to the lawyer and wrote the Power of attorney for the same property on my name. My doubt here is, Is it possible to inherit this land after his death as he bought it only this year on his name? What are the procedures that I would follow to inherit this land after his death? How do I transfer the title of this land on my name after his death? Could you please give me your valuable advice? Thanking you,
Sir, You do not have any restriction in inheriting of your grandfather's property. However such inheritance should come through a proper WILL and not by way of Power of attorney. An OCI is only restricted to an extent that he/she can not buy a new agricultural property. Document needed for such inheritance is the death certificate and succession certificate of your grandfather on his demise. If the property is located within the chennai city limit it need to be probated in the court of law.
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Adv. GP Vijay
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How can I transfer ownership of property after death in India?
After the death of a property owner, inheritance assets are subject to certain paperwork requirements. To transfer property properly, you must apply at the subregistrars offices. The owners documents, i.e. the Will and a succession or probate certificate, will be required by the applicant. 09-Oct-2023
Who is the owner of property after father death?
If your father died without leaving a will, the property will be divided amongst the legal heirs. In the event that your father died without a Will, then you, your mother, and your other siblings would be considered legal heirs and your house would pass to all four. The two procedures can be completed during your mothers lifetime.
How do I change my name on my property after my husband dies?
Will/ testament.
Probate or Letters of Administration.
Certificate of Death of the Testator
The property deed or proof of identity of the person (or persons) to whom the will transfer is made.
The legal heirs execute a partition deed.
Can mutation be done after death?
A copy of a Will must be attached to the application in order for the Mutation to be done.
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