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Procedure to transfer inherited property to one of the legal heirs
15-Feb-2023 (In Property Law)
my grand father passed away a year back.he has one daughter and son.I am son's son. my aunt and grandmother agreed to give their share in the property to us. the property is a house(1 crore worth) and 2 acres land.is it possible to directly transfer the property to me? my dad is telling that we have to pay large taxes for such registration (example for house itself nearly 4 lakhs). Is it true? if not please tell me a simple way for getting that property on my name. My father is also suggesting that if he gets the property in his name it would take less taxes or money, is it true? please tell me.
An immovable property should be transferred and mutated in the name of the beneficiary in the relevant government and/or revenue records depending upon the nature of the property,”
But a property can be transferred only if you have substantial proof to claim your inheritance. “When a person dies leaving a Will, his executors are required to administer the property as per his wishes set out in the Will, provided the same are not contrary to law,” However, problems arise when there is no Will. In such cases, “the legal heirs of the person can appoint amongst themselves one or more administrators who then obtain Letters of Administration to the estate of such person,”. The distribution can be decided mutually or can be settled by the court. All the legal heirs can pass on their rights mutually to a single heir or to another person.
Typically, in absence of a Will, the appropriate succession laws come into effect. So, for example, according to the Hindu succession law, if a Hindu man leaves behind property without a Will, it is primarily passed on to Class I heirs (which include the widow, children and mother), in equal share. If there aren’t any Class I heirs, Class II heirs (which include father, grand children, brother, sister and other relatives) can claim the property. If the owner is a Hindu woman, her husband and children become equal shareholders of the property. If none of them are present, the property goes to the heirs of her husband; failing that, to her mother and father, and so on. If it’s inherited, succession law comes into play. As the succession laws depend upon the religious faith a person follows, or upon marriages solemnised under Special Marriage Act, 1954, take a detailed legal view on the matter and choose accordingly.
Documents
Once the beneficiaries and their shares, rights and liabilities are decided, the property has to be transferred in their names. For this you need to apply for property transfer at the sub-registrar’s office. “In most of the cases (documents needed are) Will; or Will with probate or succession certificate. In relation to the assets, the ownership document of movable and immovable assets are required,”. In absence of a Will, you may also need to prepare an affidavit, along with a no-objection certificate from the other legal heirs or their successors. If you have paid any consideration (in kind or cash) to any heir or claimants to acquire their share, do mention this in the transfer papers.
Once property gets transferred in your name, the next important task is to apply for mutation of property title. It is done to record the transfer of a title of an immovable property from one person to another in the land revenue records. This is required for the purpose of payment of property taxes, or to transfer or apply for utility connection in the name of new owner. It also adds evidentiary value in respect of the title to the property. Mutation of property records takes place at the local competent municipal authority office in whose jurisdiction the inherited property is located. The mutation process, required documents and fees differ from state to state. If proper property documents are available, the process of transfer becomes easier, but if it’s an ancestral property and proper documents are not available, the job becomes tough. “In such cases, one needs to trace the title of the property,” First, you should “find out whether any consideration was paid by the deceased in acquiring the property and make out a claim based on the evidence available together with the details of the consideration paid,”
Liabilities:
Given the high capital values of properties, most are bought with the help of home loans. So, what happens if you inherit a property that has an outstanding home loan? “Whatever assets or estate you inherit, you do so with clogs, mortgages, disputes and so on,”, if there is an outstanding home loan against the property, then that also gets passed on to the inheritor. Besides that mortgaged property can be transferred only with the written consent of the lender. This means that if a person passes away while the home loan was still running on the property that has to be bequeathed, the beneficiary—who could be the spouse, or children of the deceased—will have to pay the outstanding loan. However, if home loan insurance was taken, the insurer pays the outstanding loan to the lender. In such cases, once the payment is made by the insurer, you must collect the loan clearance certificate from the lender and the original documents of the property that were given to the lender to avail the loan. If the property you inherit has been let out, you become obliged to adhere to the lease agreement signed between the lessee (the predecessor) and the lessor. Similarly, if there is any dispute related to the property or if there is any litigation which involves the property, you also become part of it. “Lease agreements with the consent of the lessor would be inheritable. In civil litigations, the heirs of the deceased are brought on record in place of the deceased with all his rights and obligations,”.
Mint Money take
Inheriting a property is not a regular incident; you should take utmost care to have all details in place. Mere possession of property does not make you a legal occupant or owner; a proper transfer is must. If needed, do take legal advice and help to get the inherited property transferred in your name. If you are not an occupant of the property you inherited or if you live in any other city, it becomes difficult to manage it. Also, if it’s an old property it may require regular or major repairs for upkeep or to be let out, for which you will need to spend money. If you do not intend to keep the property for long, it may be better to not spend much on its repairs and renovation. Though emotions are attached with inherited and ancestral property, sometimes it becomes a burden and selling it remains the only financially viable option. The rules of Intestate Succession ( succession to a person dying without a will) are enumerated under Section 8 to section 13 of the Hindu Succession Act, 1956. If you are from Punjab, is probably governed by Mitakshara coparcenay interest.
Therefore, you will be governed by Testementary Intestate succession. There will be devolution of coparcenary interest by intestae succession, not by survivorship. Your grandmom, is willing to give away her share so it will be shared by three of you equally. According to Section 8 of the Hindu Succession Act, 1956 where a male Hindu male dies leaving his separate or self-acquired property, Class I heirs will inherit his property and in their absence class II heirs of the Schedule. The Class I heirs succeed simultaneously, that is, together, and they are twelve in number. Of this mother, widow, son and daughter- are primary heirs and the remaining are the near heirs of a predeceased son or paternal grandson, or son and daughter of predeceased daughter. As the mother has a share on the property owned by her son and your grandmother has given her consent by signing an affidavit that she does not wish to claim her son's property, then there is no bar on you three to transfer your father's property in all your names by virtue of a succession certificate. You would need to obtain a Succession certificate from the court to acquire your father’s property. You will have to submit various documents such as death certificate of your grandfather, the birth certificate of the heirs, copy of the ration card, property papers, etc. These documents are needed to produced in court to establish that you, your mother and your father are the rightful successors in order to get a succession certificate.
Class I Heirs –
• The intestate’s widow
• The surviving sons and daughters
• The mother of the intestate
• The heirs in the branch of every pre-deceased son or daughter of the intestate
Class II Heirs –
• The father of the intestate
• The intestate’s grand-parents and the grand-children
• The brother or sister of the deceased
• Other relatives such as father’s brother/sister, mother’s brother/sister, brother’s widow/son/daughter or sister’s son/daughter, etc.
But a property can be transferred only if you have substantial proof to claim your inheritance. “When a person dies leaving a Will, his executors are required to administer the property as per his wishes set out in the Will, provided the same are not contrary to law,” However, problems arise when there is no Will. In such cases, “the legal heirs of the person can appoint amongst themselves one or more administrators who then obtain Letters of Administration to the estate of such person,”. The distribution can be decided mutually or can be settled by the court. All the legal heirs can pass on their rights mutually to a single heir or to another person.
Typically, in absence of a Will, the appropriate succession laws come into effect. So, for example, according to the Hindu succession law, if a Hindu man leaves behind property without a Will, it is primarily passed on to Class I heirs (which include the widow, children and mother), in equal share. If there aren’t any Class I heirs, Class II heirs (which include father, grand children, brother, sister and other relatives) can claim the property. If the owner is a Hindu woman, her husband and children become equal shareholders of the property. If none of them are present, the property goes to the heirs of her husband; failing that, to her mother and father, and so on. If it’s inherited, succession law comes into play. As the succession laws depend upon the religious faith a person follows, or upon marriages solemnised under Special Marriage Act, 1954, take a detailed legal view on the matter and choose accordingly.
Documents
Once the beneficiaries and their shares, rights and liabilities are decided, the property has to be transferred in their names. For this you need to apply for property transfer at the sub-registrar’s office. “In most of the cases (documents needed are) Will; or Will with probate or succession certificate. In relation to the assets, the ownership document of movable and immovable assets are required,”. In absence of a Will, you may also need to prepare an affidavit, along with a no-objection certificate from the other legal heirs or their successors. If you have paid any consideration (in kind or cash) to any heir or claimants to acquire their share, do mention this in the transfer papers.
Once property gets transferred in your name, the next important task is to apply for mutation of property title. It is done to record the transfer of a title of an immovable property from one person to another in the land revenue records. This is required for the purpose of payment of property taxes, or to transfer or apply for utility connection in the name of new owner. It also adds evidentiary value in respect of the title to the property. Mutation of property records takes place at the local competent municipal authority office in whose jurisdiction the inherited property is located. The mutation process, required documents and fees differ from state to state. If proper property documents are available, the process of transfer becomes easier, but if it’s an ancestral property and proper documents are not available, the job becomes tough. “In such cases, one needs to trace the title of the property,” First, you should “find out whether any consideration was paid by the deceased in acquiring the property and make out a claim based on the evidence available together with the details of the consideration paid,”
Liabilities:
Given the high capital values of properties, most are bought with the help of home loans. So, what happens if you inherit a property that has an outstanding home loan? “Whatever assets or estate you inherit, you do so with clogs, mortgages, disputes and so on,”, if there is an outstanding home loan against the property, then that also gets passed on to the inheritor. Besides that mortgaged property can be transferred only with the written consent of the lender. This means that if a person passes away while the home loan was still running on the property that has to be bequeathed, the beneficiary—who could be the spouse, or children of the deceased—will have to pay the outstanding loan. However, if home loan insurance was taken, the insurer pays the outstanding loan to the lender. In such cases, once the payment is made by the insurer, you must collect the loan clearance certificate from the lender and the original documents of the property that were given to the lender to avail the loan. If the property you inherit has been let out, you become obliged to adhere to the lease agreement signed between the lessee (the predecessor) and the lessor. Similarly, if there is any dispute related to the property or if there is any litigation which involves the property, you also become part of it. “Lease agreements with the consent of the lessor would be inheritable. In civil litigations, the heirs of the deceased are brought on record in place of the deceased with all his rights and obligations,”.
Mint Money take
Inheriting a property is not a regular incident; you should take utmost care to have all details in place. Mere possession of property does not make you a legal occupant or owner; a proper transfer is must. If needed, do take legal advice and help to get the inherited property transferred in your name. If you are not an occupant of the property you inherited or if you live in any other city, it becomes difficult to manage it. Also, if it’s an old property it may require regular or major repairs for upkeep or to be let out, for which you will need to spend money. If you do not intend to keep the property for long, it may be better to not spend much on its repairs and renovation. Though emotions are attached with inherited and ancestral property, sometimes it becomes a burden and selling it remains the only financially viable option. The rules of Intestate Succession ( succession to a person dying without a will) are enumerated under Section 8 to section 13 of the Hindu Succession Act, 1956. If you are from Punjab, is probably governed by Mitakshara coparcenay interest.
Therefore, you will be governed by Testementary Intestate succession. There will be devolution of coparcenary interest by intestae succession, not by survivorship. Your grandmom, is willing to give away her share so it will be shared by three of you equally. According to Section 8 of the Hindu Succession Act, 1956 where a male Hindu male dies leaving his separate or self-acquired property, Class I heirs will inherit his property and in their absence class II heirs of the Schedule. The Class I heirs succeed simultaneously, that is, together, and they are twelve in number. Of this mother, widow, son and daughter- are primary heirs and the remaining are the near heirs of a predeceased son or paternal grandson, or son and daughter of predeceased daughter. As the mother has a share on the property owned by her son and your grandmother has given her consent by signing an affidavit that she does not wish to claim her son's property, then there is no bar on you three to transfer your father's property in all your names by virtue of a succession certificate. You would need to obtain a Succession certificate from the court to acquire your father’s property. You will have to submit various documents such as death certificate of your grandfather, the birth certificate of the heirs, copy of the ration card, property papers, etc. These documents are needed to produced in court to establish that you, your mother and your father are the rightful successors in order to get a succession certificate.
Class I Heirs –
• The intestate’s widow
• The surviving sons and daughters
• The mother of the intestate
• The heirs in the branch of every pre-deceased son or daughter of the intestate
Class II Heirs –
• The father of the intestate
• The intestate’s grand-parents and the grand-children
• The brother or sister of the deceased
• Other relatives such as father’s brother/sister, mother’s brother/sister, brother’s widow/son/daughter or sister’s son/daughter, etc.
Helpful?
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Adv. Krupadanam Kola
Hyderabad | 25+ Answers
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What is the Supreme court Judgement on legal heirs?
The Supreme Court ruled that a woman or daughter can be considered a joint legal inheritor as well as a male heir and can inherit ancestral properties equally, regardless of whether the father was alive before the Hindu Succession (Amendment) Act 2005 came into force. 15-Apr-2023
How do I transfer my ancestral property to my name?
The deed has to be registered in accordance with the law for a valid transfer. The land registry is the department for registration. The department of registration is responsible for recording ownership. The title deed is created once the document has been registered according to law. Document containing the name of person who holds the title to the property.
How do I transfer property to my son after death of father?
If the father left a valid testament, the son must apply for probate at the court of jurisdiction (if necessary). Probate is the legal way to confirm the validity of a will. If there is no will, a son can request a succession certificate.
How do you transfer property to legal heirs on death of owner?
After the death of the 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
To transfer inherited property to legal heirs in India, you need to follow a specific procedure. Here are the key steps involved:
- Obtain a Succession Certificate: To initiate the transfer of inherited property, you need to obtain a succession certificate from the court. This certificate establishes your legal right to inherit the property. You will need to submit various documents such as the death certificate of the deceased, proof of date of birth of all legal heirs, and other relevant documents.
- File a Petition: You should file a petition in the relevant court, typically the jurisdiction where the deceased person resided at the time of their death. In the petition, you need to provide details about the deceased, the legal heirs, and the property to be transferred.
- Notice to Legal Heirs: The court will issue a notice to all legal heirs, informing them about the petition. This notice allows them to contest the transfer if they have any objections.
- Court Proceedings: The court will conduct proceedings to verify the legitimacy of the legal heirs and the claims to the property. If there are no disputes or objections, the court will issue a succession certificate in favor of the legitimate legal heirs.
- Property Transfer: With the succession certificate in hand, you can now transfer the property to the legal heirs. This may involve updating property records, obtaining a new title deed, and completing any other legal formalities required by local authorities.
- Registration: It's essential to register the inherited property in the name of the legal heirs to complete the transfer process. Registration ensures the property's legal ownership is properly transferred.
- Payment of Fees and Taxes: Be prepared to pay applicable fees and taxes during the transfer process, such as stamp duty and registration charges.
- Compliance with State Laws: Keep in mind that property laws may vary from state to state in India, so it's important to comply with the specific legal requirements of the state where the property is located.
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Adv. Chikirsha Mohanty
Delhi | 200+ AnswersCONTACT NOW
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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