How to transfer property after death of parent ?

Here are the key steps and considerations on how to transfer property after death of parent with will. Transferring property after the death of a parent involves navigating legal processes related to inheritance and succession.

How Do I Transfer Property After Parent Dies?

1. Transfer of Property with a Will:

• A will is a legal document that outlines a person’s wishes regarding their property.

• If the parent left a will, it specifies how the property should be distributed.

• The executor named in the will oversees the transfer process.

1. Transfer of Property without a Will (Intestate Succession):

• When a person dies intestate (without a will), the rules of succession come into play.

• The property is divided among legal heirs based on the applicable laws.

• The process varies depending on the deceased’s religion (Hindu, Muslim, Christian, Parsi, etc.).

1. Probate:

• Probate is a certified legal document issued by the court.

• It validates the authenticity of the will and allows for the transfer of property.

• The probate process involves proving the will’s validity and obtaining court approval.

1. Types of Property:

• Ancestral Property: Inherited by ancestors and shared among legal heirs.

• Self-Acquired Property: Owned by the deceased individually.

• Married Daughters’ Rights: After a 2005 amendment, even married daughters have equal rights in ancestral property.

1. Laws Governing Succession:

• Hindu Law (Male): Rules for succession after the death of a Hindu male who dies intestate.

• Hindu Law (Female): Property inherited from parents.

• Muslim Law: Governed by the Muslim Personal Law (Shariat) Application Act, 1937.

• Christian Law: Regulated by the Indian Succession Act, 1925.

• Parsi Law: Covered by the Indian Succession Act, 1925.

1. Legal Heir Certificate:

• A legal heir certificate establishes an individual’s rightful claim as an heir of the deceased.

• Obtain it by applying after obtaining the death certificate.

I believe this helps you understand how to get deceased parents house in your name.

Read More:

Hey, 

In India, the property is transferred from one family member to another based on rules and regulations under the property law and succession act. If you want to know how to transfer property after death of parent, keep reading this answer. 

Property can be transferred from mother to son in 3 ways :

• Executing sale deed

• Transfer by execution of will or testament

• Execution of gift deed/relinquishment deed/release deed

The property will be transferred from the deceased mother to son depending on the will. If there is no will (intestate) then the property will get distributed amongst all the legal heirs. In case of a will, If the son’s name is mentioned, he can stake a claim on the property as the sole beneficiary. 

After the death of a parent, the property will get transferred once the settlement deed is executed. In the case of ancestral property, the plot/house will be transferred to legal heirs. 

Documents Required for property transfer after death of parents :

• Probate 

• Certified copy of death certificate of the testator (parents in this case)

• Property deed 

• Identity proof

• Succession Certificate

• No-obligation certificate

• Lineage list certificate

• Will

I hope all of your doubts on How to transfer property after death of parent have been cleared.