Transferring Property After Parent's Death: A Step-by-Step Guide

Who will get the property after the owner’s death? The process of assessing legal heirship and transfer differs according to laws and succession acts. Today, we will clarify how to transfer property after one’s parents have died.

Key Takeaways

       •  Understand the laws governing intestate succession based on personal law
       •  Obtain a legal heir certificate to establish relationships
       •  File for a succession certificate to claim assets
       •  Execute a partition deed for dividing property among heirs
       •  Complete the mutation process to update property records officially

How To Get Property Transferred After Death?

To get a property transferred on your name, after the death of your parents, you will need to follow the procedures according to the laws established by different religious groups. Such as: 

       •  Hindu succession act 1956
       •  Muslim Personal Law (Shariat) Application Act, 1937
       •  Indian Succession Act 1925

What Is Intestate Succession?

It is called intestate, when a person dies without leaving a will for their property. The rules for the succession of the next heir will be called intestate succession. Various succession acts and laws have their intestate succession procedures; let's understand them:

Indian Succession Act 1925

As per the Hindu Succession Act 1956, class I heirs have the primary right on the property, such as :

       •  Widow
       •  Children (both sons and daughters)
       •  Mother
       •  Grandchildren

If the class I heirs are not available, class II heirs will get the property; class II heirs include:

       •  Father
       •  Brother
       •  Sister
       •  Father's mother
       •  Widow of a predeceased son
       •  Son's daughter
       •  Son's son's daughter
       •  Daughter's son
       •  Daughter's daughter's son

Indian Succession Act 1925

Under the Indian Succession Act of 1925, property distribution occurs in two ways. In testamentary succession, if a will exists, the property is distributed according to its terms. In intestate succession, if there’s no will, Class I heirs (spouse, children, mother) inherit first, followed by Class II heirs (father, siblings), and then agnates and cognates.

Muslim Personal Law (Shariat) Application Act, 1937

Under Muslim Personal Law, inheritance follows specific guidelines. Certain relatives, known as "sharers," receive fixed estate shares, including spouses, parents, and children. For instance, a son typically receives double the share of a daughter. 

After distributing these fixed shares, any remaining estate goes to "residuaries," usually male relatives. Notably, a Muslim can bequeath only one-third of their estate through a will, while the remaining two-thirds must adhere to these established rules.  For example, if a man passes away leaving a wife, two sons, and a daughter, the wife receives 1/8 of the estate, with shares calculated accordingly.

Documents Required For Transfer Of Property After Death

Obtain A Legal Heir Certificate

A legal heir certificate establishes the relationship between the deceased and their heirs. To obtain it, applicants must apply to the District Court or Tehsildar Office, including details about the deceased and heirs. 

Supporting documents, such as the death certificate and proof of identity, must also be provided. After verification, the certificate is issued, listing all legal heirs and their relationships, which is essential for claiming the deceased's assets.

Applying for a Succession Certificate

A succession certificate is required to transfer assets like debts, property, or securities after a person’s death. Heirs must file a petition in the civil court where the deceased lived. This petition should include details about the deceased, the heirs, and the assets involved. 

The court will then publish a notice in a local newspaper inviting any objections to issuing the certificate. The court will conduct a hearing if no objections are received within a specified period. Heirs may need to present additional evidence or documents during this process.

Once the court is satisfied with the evidence, it issues the succession certificate. This certificate authorises the heirs to claim the deceased's movable assets, facilitating the transfer of ownership.

Execution of Partition Deed

A partition deed is executed when a property needs to be divided among multiple heirs. This deed outlines the property division and specifies each heir's share. All legal heirs must agree to the terms and sign the deed to avoid future disputes.

The next step is registering the partition deed at the local sub-registrar’s office. This registration requires payment of stamp duty based on the property’s value and a registration fee. Once registered, the partition deed gains legal validity, ensuring the division is officially recognized.

Mutation of Property Records

Mutation is updating property records to reflect new ownership after a transfer. Heirs must apply for mutation at the local municipal or land revenue office. This application must include documents like the death certificate, legal heir certificate, succession certificate, and partition deed.

After verifying the submitted documents, the authorities will approve the mutation. Once approved, the property records show the new owners' names. This step is crucial for ensuring the property is officially transferred to the heirs.

Conclusion 

Property transfer after the death of a parent without a will involves several essential steps, including understanding intestate succession laws, obtaining legal heir and succession certificates, executing a partition deed, and updating property records through mutation. 

By following the prescribed legal processes based on personal laws, heirs can ensure a smooth transfer of assets and uphold their rights. Heirs must be informed about their entitlements and gather the necessary documents to facilitate the transfer efficiently.