Transfer of your father’s estate into your name after his death does not take place automatically. You may be the sole legal heir, yet a procedure is followed to get the ownership of the property transferred to your name. It is also necessary to get the fact of change in ownership recorded in municipal records.
There are two situations:
There is a Will, or the person dies intestate.
Property lawyers always advise writing a Will as it saves the legal heirs from many hardships later. If there is Will, the property gets devolved as per the tenor of the Will. The procedure is a simple one, and fewer documents are required.
In case the person dies intestate, the property gets devolved as per the Law of Succession. The applicability of Succession laws depends upon certain factors in India.
- In the case of Hindus- it is the Hindu Succession Act (here, we include Jains, Sikhs, and Buddhists)
- In the case of Muslims- Personal laws
- Others- Indian Succession Act
All the legal heirs have a right to the property of the deceased as per applicable Law. The property transfer in India can be complex when it comes to inheritance. It is advised to seek legal advice and take the assistance of law firms or property lawyers to avoid unnecessary confusion.
There are legal experts in property law who provide assistance right from approaching the concerned department, documentation, and taking care of the compliances as per the procedure to transfer your father’s estate to your name.
One has to submit the required documents to the concerned Revenue office for getting the ownership transferred.
- Will – A copy of the Will based on which the beneficiary is claiming the ownership. A Will may be registered or not. A Probate Order from the Court wherever it is compulsory to obtain probate of the Will.
- Property Ownership documents – Any document which shows that the deceased was the owner of the property. It could be a share certificate issued by a housing society, sale deed, gift deed, etc.
- Death Certificate
- No objection from the society in case the property is flat in a housing society. The Housing Society passes a resolution there is no objection if the ownership is transferred.
- Relinquishment deed if the legal heirs have relinquished their shares in favor of one legal heir or Affidavit of the legal heirs stating their no objection to passing the property to a particular heir. Affidavits are prepared on non-judicial stamp papers and attested by Notary.
- Aadhar cards of all the parties
- Succession certificate – It is a document granted by the Court on an application made for the same. It is required for moveable assets of the deceased like bank balances etc. But in some states, it is even needed for the transfer of immovable property.
- Legal Heir Certificate – It is a document issued by Revenue Officials like Tehsildars or taluk Offices. It is required for claiming assets like insurance money, provident fund, etc.
The requisite documents to be submitted to the concerned authority differ from State to State. One has to visit the Tehsildar or Estate Office office and inquire about the required fees and documents. Property lawyers are there to guide and assist in getting your father’s estate transferred to your name.