Can property be transferred without probate in India?
Asked by: Rigoberto Maggio | Last update: January 17, 2026Score: 4.9/5 (3 votes)
In India, the Succession Act of 1956 is the law that governs the
How long do you have to transfer property after death in India?
The time required for the transfer of property after death with a will in India varies but typically ranges from a few months to over a year. The process includes obtaining the death certificate, getting the will probated (if required), and completing the mutation of property records.
How can I avoid probate in India?
How to Avoid Probate? There are a few ways to avoid probate in India: Hold assets in joint tenancy with right of survivorship: This means that when one joint tenant dies, the surviving joint tenant automatically becomes the owner of the asset.
How to transfer property after death of parent without will in India?
- Identifying Legal Heirs. The first step in the process is to determine who the legal heirs are. ...
- Obtaining a Legal Heir Certificate. ...
- Applying for a Succession Certificate. ...
- Execution of Partition Deed. ...
- Mutation of Property Records.
When probate is not necessary in India?
A probate is mandatory only if the Will or codicil has been made in any of the three Presidency towns i.e., Kolkata, and the municipal limits of metro cities of Chennai and Mumbai, or, if the immovable property is situated therein. Else, probate is optional.
Is it mandatory to get will probated?- Property hotline
What happens if you skip probate?
Failing to file for probate when it's required can lead to several legal and financial complications. Here are some specific consequences that could happen: Assets May Remain Frozen: Without probate, the deceased's bank accounts and other assets cannot be legally accessed or transferred to their beneficiaries.
What is the time limit for probate in India?
Accordingly, the Court held that the only consistent view was that the right to apply for a probate was a continuing right and the application must be made within three years of the time when the right to apply accrued.
Can a US citizen inherit property in India?
Yes, foreign citizens can inherit property in india. Though they have no right to acquire land meant for farming purposes directly; such people are allowed to do so through inheritance procedures. But then there might be limitations imposed on selling this type of property.
How long do you have to transfer property after death?
Timelines for transferring property after the owner's death vary by state and can range from a few months to over a year.
How to avoid capital gains tax on inherited property in India?
Avoid Capital Gains Tax through Will Inheritance
There is no tax on property received through inheritance. By planning the transfer of property through a will, individuals can avoid immediate capital gains tax liabilities, as tax is only applicable upon the sale of the property.
How much does probate cost in India?
All this work takes three to 12 months, and court fee is about Rs30 to 40 thousand and legal charges will be Rs30,000 to Rs1. 50 lakh depending upon the advocate and complications involved in your probate work.
Which of the following is a commonly used way to avoid probate?
Establish a living trust: This is a common way for people with high-value estates to avoid probate. With a living trust, the person writing the trust decides which assets to put into the trust and who will act as trustee. When the trust owner dies, the trustee will divide the assets outside of probate.
Who inherits property if no will in India?
Distribution Of Assets Under Intestate Succession
Spouses, children, parents, and siblings are typically considered primary beneficiaries, and their shares may vary based on factors such as gender, marital status, and the presence of other legal heirs.
How do you transfer inherited property in India?
Once the legal heirship certificate is obtained, the transfer of the inherited property requires the execution of appropriate documents. These may include a sale deed, gift deed, or relinquishment deed, depending on the nature of the transfer.
Who is the owner of the property after father death in India?
After the death of your father, if he died without a Will, then the property will devolve amongst all legal heir. So in case your father did not have a Will, you, your mother and other siblings will be legal heir and the house will devolve amongst four. Both the procedure can be done during the lifetime of your mother.
Can the executor of will sell property in India?
(i) One of several executors has power to release a debt due to the deceased. (ii) One has power to surrender a lease. (iii) One has power to sell the property of the deceased whether movable or immovable.
Can I sell my deceased parents' house without probate?
You can only sell before probate when probate isn't required in the first place. As often, whether a deceased person's house can be sold before probate will depend on whether they planned for it or not. If the deceased person placed the property in a living trust during their lifetime, then probate can be avoided.
What is the time limit for property transfer after death in India?
What is the time limit for property transfer after death? According to the Limitation Act of 1963, legal heirs must file a claim for the property within 90 days of the father's death. However, while the claim must be made within 90 days, the settlement and property transfer can extend for long, taking several months.
What not to do when someone dies?
- Not Obtaining Multiple Copies of the Death Certificate.
- 2- Delaying Notification of Death.
- 3- Not Knowing About a Preplan for Funeral Expenses.
- 4- Not Understanding the Crucial Role a Funeral Director Plays.
- 5- Letting Others Pressure You Into Bad Decisions.
Can OCI inherit property in India?
OCI cardholders are allowed to inherit property in India; however, they cannot possess agricultural land and must follow the legal processes for handling and returning inherited funds to their home country.
Can I sell property in India and bring money to USA?
NRIs are allowed to repatriate or bring their sale proceeds of property sold in India to the US. However, the limit to the amount brought from India is $1 million per calendar year, including all other capital account transactions.
Is inheritance in India taxable in USA?
You are not subjected to inheritance or estate tax in America; if you are a U.S. resident or Green Card owner and have inherited assets or property in India, you are not subjected to inheritance or estate tax in America. However, it is mandatory to comply with the requirements and report it to the U.S. government.
Is probate mandatory in India?
Under Section 212(2) of the Indian Succession Act, 1925, Hindus, Muslims, etc. are not bound to apply for letters of administration (Probate). It is optional and not mandatory for these persons to seek probate of the Will.
What is the shortest time probate can take?
What Is the Shortest Time for Probate? The shortest probate processes typically take at least six months. The process varies for each person and will. Some are more straightforward, while others require additional time.
How much does it cost to probate a will in India?
In Maharashtra, for example, a court fee of `25 is payable for assets less than `50,000; 4% for assets between `50,000-2 lakh, and 7.5% for assets over `2 lakh. There is a ceiling of `75,000. Under the Indian Succession Act, a probate can be granted only to the executor appointed under a will.