How is property ownership transferred in India after death?
Asked by: Wilfred Schimmel | Last update: October 16, 2025Score: 4.8/5 (40 votes)
In the transfer of property after death with a will in India, the beneficiary must first obtain the deceased's death certificate and the original will. If required, a probate petition should be filed in a competent court to authenticate the will.
Who inherits property after death in India?
—The surviving sons and daughters and the mother of the intestate shall each take one share. Rule 3. —The heirs in the branch of each pre-deceased son or each pre-deceased daughter of the intestate shall take between them one share.
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.
Can property be transferred without probate in India?
Immovable properties cannot be transferred based solely on a Will without obtaining probate. The executor''''s authority to transfer property is contingent upon the grant of probate [Mohamed Salman Noorani VS Radhika Bhargava - Bombay][Nagubai Ammal VS B. Snama Rao - Supreme Court].
How is property distributed after father's death in India?
According to the Hindu Succession Act, a Hindu father's property is distributed equally among the Class 1 legal heirs, which include his widow, children and mother. If the mother is not alive, the property will be distributed equally among the children.
How to Transfer Property After Death of Father or Husband's Death
How do you transfer ownership of a property after death in India?
If the deceased did not leave a will, the property is transferred according to the laws of intestate succession. In India, this typically involves the legal heirs (spouse, children, etc.) who will have to claim the property through a legal process.
Who is the legal heir of father's property in India?
Hindu Succession Act
Under the Hindu Succession Act, 1956, a father's property can be inherited by his sons, daughters, and, in certain cases, his wife. Sons and daughters have equal rights in inheriting the father's property, and they are considered legal heirs.
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 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.
Do all heirs have to agree to sell property in India?
Selling ancestral property without the consent of all legal heirs is prohibited under Indian law. Since it's jointly owned by all coparceners, any transaction requires unanimous approval to ensure fairness.
Is it better to transfer property before death?
It is usually better for your heirs to inherit real estate at your death rather than to receive it as a gift from you during your life. This is because it is tax efficient for the property to pass at death due to the “stepped up basis” for capital gains tax purposes.
How to sell property of a deceased person in India?
You should file an application in the civil court of the district where the property is of the deceased or where he normally he lived in. A notice will then be given by the court to you – the legal heirs; and an ad will also be published in the newspaper.
Can a son claim father's property when the father is alive in India?
Son's right in case of ancestral property
As has been discussed before, a son has coparcenary rights since birth. He can even claim his share in the ancestral property before his father dies, i.e. during the lifetime of the father (by way of partition).
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.
What is the new inheritance law in India?
The exact proportions of distribution are determined by the personal laws and their specific provisions. For example - succession as per Hindu Succession Act for no-Will situation, wealth shall be Firstly distributed of a male person to his mother (if living), wife and all sons, daughters (including married) equally.
Who is the owner of the property after husband dies in India?
The property is divided among the legal heirs according to the applicable inhetetance laws. According to the Hindu Succession Act, 1956 Class I heirs, including the spouse, children and mother, inherit the property first. If no Class I heirs exist, the property devolves to Class II heirs and so forth.
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.
How long can you keep a house in a deceased person's name?
The Hive Law indicates, "A house can stay in a deceased person's name until either the probate process is completed or legal actions require a change in ownership. Typically, the probate process takes 6 months to 2 years, depending on the jurisdiction and complexity of the estate.
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.
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.
Who inherits property if no will in India?
The Hindu Succession Act, 1956:
Class I heirs (spouse, children, and mother) have the primary right to inherit the property. If no Class I heirs are available, the property devolves upon Class II heirs such as the father, grandchildren, siblings, and other relatives.
Is it mandatory to probate a will 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.
Do daughters inherit their father's property in India?
The Hindu Succession (Amendment) Act 2005 grants daughters equal rights as sons in inheriting their father's property. Daughters are now considered coparceners in the joint Hindu family property by birth, with the same rights and liabilities as sons.
How to transfer property after death of parent without will in India?
Heirs must file a petition in the civil court where the deceased lived. This petition should include details about the deceased, the heirs, and the assets involved. The court will then publish a notice in a local newspaper inviting any objections to issuing the certificate.
What happens to my father's house when he died?
When the owner of a house dies and there is a Will, the house will pass to the beneficiary named in the document. Once Probate court has validated the Will, the Executor can assist with transferring the property to the heir. This is typically the simplest way to transfer the home after an owner dies.