PROPERTY TRANSFER AFTER DEATH OF OWNER
There are basically two scenarios under which the property may be required to be transferred after the death of the owner:
1. Transfer of property with Will
In case a registered will has been left by the person, the property will get transferred and devolve upon the beneficiary named in the will by the testator. The beneficiary needs to get the mutation done in the records of Municipal Corporation (MCD) and DDA / L&DO. The beneficiary should have the death certificate, copy of property documents (like sale deed, gift deed, power of attorney etc), copy of will in his favour, property tax payment receipts to get the mutation done.Example: A father makes a registered will wherein he bequeaths his commercial property in Delhi in favour of his son & grandson. After the expiry of the father, the property will get transferred to the son and the grandson on the basis of will and they can get the property transferred in their joint names in the records of DDA and MCD.However, if the will is unregistered, the beneficiary may have to first obtain a probate of the will from the court to get the mutation of property done in his favour. Obtaining probate is an expensive and a time consuming process and may lead to a long legal battle between the family members with regard to the distribution of the assets. That is why it is highly recommended that each person should get his will registered before its too late.
A mother made a will in favour of her daughter but did not get it registered. After the mother’s demise, the daughter went to the court to obtain probate of the will. Some family members challenged the validity of the will and claimed it to forged and fabricated and produced another will in their favour. Now, the court shall decide whose will is genuine on the basis of evidences which will take quite a long period of time.
2. Transfer of property without Will
In case no will has been left by the person, the rules of succession will come into play. As per the Hindu Succession Act, the property will devolve upon all the Class I legal heirs in equal proportion. The legal heirs will have to obtain a succession certificate from the court for transfer of moveable assets (such a shares, mutual fund units, fixed deposits, bank accounts, PPF, insurance policies, bank locker, jewellery, stocks, demat account etc. )
A father expires without leaving any will. He had properties in Delhi & Gurgaon and left behind his wife, two sons and two daughters. After his demise, the property will devolve equally upon her Class I Legal heirs i.e. her wife, two sons and two daughters and each one of them shall get 1/5th (i.e. 20%) share in the properties.
In case the daughters do not want any share in the property of their father, they can surrender/ relinquish their shares in favour of the their mother and brothers through a registered relinquishment deed. After the execution and registration of relinquishment deed, the mother and brothers will have 1/3rd (33.33%) share in the property. They can then apply get the mutation done in their joint names in the records of MCD, DDA / L&DO.
Q. My father/mother has expired without writing a will? How can I get his properties transferred.
A. The property will devolve upon all the Class I Legal heirs. You can apply for the transfer of property in your names.
Q. My father/mother has expired. They have left a written will in my favour that is unregistered. How should I proceed?
A. The person who has been mentioned as the beneficiary/executor in the will can apply and get the mutation done in his favour. However, he may have to first obtain a probate of the will.
Q. My wife’s father/mother has expired after leaving a registered will in her favour. How should I proceed to get the house transferred in her name?
A. The house can be transferred/mutated in her name by submitting the required documents to the concerned authority.
Q. How long does the transfer/mutation process take? Do you provide assistance for the same?
A. The transfer process generally takes around 25-40 days depending on the status and location of the property and other factors. We can provide assistance for the transfer or mutation / substitution of the property.
Q. How long does the process of obtaining succession certificate / probate of will take? Can you provide assistance in it?
A. The process takes around 6-8 months time. We can provide assistance in the same