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How to Transfer Property to Legal Heir After Owner’s Death?

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Last Updated on September 7, 2023 by Kanakkupillai

Transfer Property to Legal Heir

Transferring property to legal heirs after the owner’s death can be complex and daunting, particularly when there is no clear will. In such cases, the legal heirs must navigate the legal intricacies to ensure a smooth transfer of property ownership. This article will guide you through transferring property to legal heirs in two scenarios: when there is a will and when there isn’t.

Property Transfer with a Will

Transferring the property becomes more straightforward when a property owner has left behind a will. Here are the essential steps to follow:

  1. Probate or Letters of Administration (LOA):
    • The first step is to determine whether a probate or LOA is required.
    • Probate is a court-certified copy of the will and is applied for by the executor mentioned in the will.
    • LOA is required when the will does not mention an executor or when the deceased has not written a will.
    • The need for probate or LOA depends on the location of the property.
  2. Gathering Required Documents:
    • The legal heir mentioned in the will should collect the necessary documents, including a copy of the will, original property papers, the owner’s death certificate, and their own ID and address proof (e.g., PAN, Aadhaar, Voter ID, or driver’s license).
  3. Application Submission:
    • Visit the office of the sub-registrar with all the documents mentioned above.
    • Submit an application form for the transfer of ownership along with the documents.
  4. Verification and Update:
    • The sub-registrar’s office will review the submitted documents.
    • The time taken for the transfer process depends on the accuracy and completeness of the documentation.
    • Once satisfied, the authorities will update the property records with the name of the legal heir/applicant.
  5. Transfer of Property Certificate:
    • Ensure that your name is reflected as the property’s new owner in the sub-registrar’s records.
    • You can apply for a property transfer certificate, enabling you to sell the property or use it as collateral for loans.

Property Transfer without a Will

Transferring property to legal heirs involves adhering to succession laws when there is no will. Here are the steps for property transfer without a will:

  1. Legal Heir Certificate:
    • All the beneficiaries (class-I heirs, typically spouses and children) must apply for a legal heir certificate.
    • This certificate can be obtained from the tehsildar or revenue officer and is also known as the surviving member certificate.
  2. Visit the sub-registrar’s Office:
    • Legal heirs can choose to transfer the property collectively or individually.
    • All legal heirs must be present with their ID and address proof for collective transfer at the sub-registrar’s office.
    • One legal heir, usually the spouse, can collect a registered relinquishment deed from others for individual transfer.
  3. Registered Relinquishment Deed or NOC:
    • In the case of an individual transfer, legal heirs should execute a registered relinquishment deed.
    • This involves payment of stamp duty and registration fees, which vary by state.
    • An NOC can also be submitted but does not transfer property rights permanently.
  4. Submission of Documents:
    • Submit an application form, the property owner’s death certificate, registered relinquishment deed or NOC, legal heir certificate, ID and address proof, and the property’s title deed to the sub-registrar’s office.
  5. Verification and Update:
    • The sub-registrar’s office will review the documents; the time taken depends on their accuracy.
    • Ensure your name is updated as the new property owner in the sub-registrar’s records.

Conclusion

Transferring property to legal heirs after the owner’s death is a process that requires careful attention to legal requirements and documentation. Whether there is a will or not, following the outlined steps can help legal heirs navigate this often intricate process successfully. By ensuring that property ownership is properly transferred, legal heirs can safeguard their rights and make informed decisions regarding their inherited assets. Contact Kanakkupillai Legal Advisors to complete the process quickly.

Kanakkupillai

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