How to transfer property after death without will in India?

There is a legal process to get the property transferred in the name of the beneficiaries or legal heirs. If there is Will, the transfer process is simple, provided nobody is challenging the Will. The executor will transfer the property to the beneficiary mentioned in the Will. But, how do you transfer the property after death without will in India? Let’s find  out:

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If the property’s deceased owner doesn’t leave behind a will, then, as per the Hindu Succession Act, 1956, the legal heirs will inherit the assets in the given order.

Class-I legal heirs are given the first preference. These include close relatives such as a spouse, parents, children, and their successors. Parents, daughters, and sons will all get equal shares. 

Similarly, the spouse will also get one share. However, if there is more than one surviving spouse, then they all will get the one portion they’re entitled to. Their successors will also get only one share, which the person through whom they’re claiming was entitled to.

When the deceased owner leaves the house without any will, female heirs can claim a stay and share in the home. However, only male heirs have a right to divide the property.

Even leaving a will, legal heirs are required to get a succession certificate from the court.  This legal document authorizes you to represent the deceased individual to collect securities and debts payable in his name or due to him. You are required to submit an application to a high court or magistrate if you want to obtain the succession certificate.

For transfer of property after death without will in India, you must apply for a legal heir certificate followed by transferring that property with succession. For that, you must submit an application along with necessary documents to the Tehsildar’s office. You can also follow the below process:

• Get the deceased's death certificate from the local municipal authority.

• Identify the legal heirs (spouse, children, parents) and submit your application.

• Authorities will verify the documents and conduct an inquiry.

You can apply for the mutation of property to update records with the local municipal authority.

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The process for how to transfer property after death of parent without will in India is as follows:

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The transfer of property after a person's death is governed by the laws of succession and inheritance. Here's an overview of how to get property transferred after death:

The first step is to identify the legal heirs who will inherit the deceased person's property. It is determined by the personal laws applicable to the deceased person's religion.

 To establish the legal heirship, you are required to apply for a Legal Heir Certificate from your municipal authority.

Settle any outstanding debts or liabilities of the deceased person before the transfer of property.

Apply for the mutation of property in the name of the legal heirs.

In some cases, you are also required to obtain a Succession Certificate from the civil court.

After completing these legal formalities, the property can be transferred to the legal heirs' names..

pay applicable property taxes such as stamp duty and registration charges, to avoid legal complications.

This is the step by step guide for how to transfer property after death of a parent without will in india.

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Last year my friend Tina lost her father. It was quite unfortunate that after her father’s death, her brothers refused her a share in her father’s property. Her father died without keeping any Will. So, I accompanied her to a legal expert to seek advice on the process of transfer of property after death without Will in India.

How to transfer property after death of parent without will?

The lawyer informed her that she along with her brothers falls under the Class 1 legal heir, and they are entitled to inherit the assets as per the provisions of the Hindu Succession Act, 1956. 

Before 2005, only unmarried daughters were given the proper share of inherited property. However, after 2005, daughters were granted the same rights as sons with respect to the transfer of property after death of owner.

She also asked,

How to sell property of deceased person in India?

The lawyer informed us that she will need to obtain a legal heir certificate from the court, and then she can sell the property and share the profits based on that document.

This information we received regarding the process of transfer of property after death without Will in India. If you are facing any such legal issues, then you should consult a legal attorney.

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