How is property transferred after death without will in India?
Asked by: Prof. Aniya Lockman IV | Last update: January 5, 2026Score: 4.4/5 (9 votes)
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 inherits property if there is 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.
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.
How is real property conveyed to heirs when a person dies without a will?
If you die without a will, called dying intestate, your state's probate court decides where to transfer your property and personal belongings. Intestate succession laws vary by state, but your property will generally pass to your next of kin or the state if no relatives can be found.
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 to Transfer Property After Death of Father or Husband's Death
Who are legal heirs of deceased in India?
If the head or a family member passes away, the next direct legal heir of the deceased such as wife/ husband/son/daughter/mother can apply for the Succession Certificate.
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 long can a house stay 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.
What are the disadvantages of a transfer on death deed?
TOD Deeds Open the Door to Unintended Consequences
Without careful coordination, TOD deeds can also disinherit heirs you intended to provide for, result in unnecessary taxes, complicate matters for a surviving spouse, or cause other negative ripple effects. Once recorded, the deed is very difficult to undo.
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.
What happens to inheritance if there is no will?
The children of the person who has died inherit the whole estate. This applies however much the estate is worth. If there are 2 or more children, the estate will be divided equally between them.
Who is the owner of property after mother death in India?
According to Hindu Law, after the death of a female, her property is devolved upon her children, children of predeceased children and husband. Therefore, in your case, children of predeceased children can claim their grandmother's property.
What is the difference between nominee and legal heir?
A nominee is merely a caretaker in technical terms. They are the ones in charge of guaranteeing that the depositor's legal heir receives the money from a fixed deposit. While the nominee may be the same as the legal heir at times, their status as nominee implies they don't actually own the money.
Can Canadian citizens inherit property in India?
An NRI or OCI can inherit any immovable property (such as land or buildings) in India, whether it is residential or commercial. They can even inherit agricultural land or a farmhouse, which they are otherwise not entitled to acquire by way of purchase.
What happens to bank account when someone dies without a will in India?
In case someone dies, and there's no named beneficiary, POD (payable-on-death), a will, or any legal heir or relatives that will be found, then any assets in that account are going to be turned over to the bank by default.
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.
Do I need a lawyer for a transfer on death deed?
Unless you have a complex situation or have specific concerns, you likely won't need a lawyer to create a TOD deed. But you will need to make sure that the TOD deed you make is valid in your state, since each state's rules are a little different.
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.
Which is better, transfer on death or a trust?
The main way that the two differ is in how flexible and thorough they are. TOD accounts are faster and more convenient, but a revocable trust offers a stronger plan for you and your beneficiaries that covers the myriad elements of passing away.
What is the 3-year rule for a deceased estate?
The core premise of the 3-year rule is that if the deceased's estate is not claimed or administered within three years of their death, the state or governing body may step in and take control of the distribution and management of the assets.
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 I live in my mom's house after she dies?
If the house is jointly owned by the surviving parent and the adult child and the joint ownership structure includes survivorship rights, then when the surviving parent dies, the house passes automatically to the adult child outside of probate.
What happens if a will is not followed after death?
However, if you feel an executor is not satisfying the requirements of the will, and is actively defying the wishes of the deceased, there are steps you can take to have them removed. A probate court monitors the probate process, which means the probate court can also have an executor removed.
What happens if my husband died and my name is not on the deed?
In many cases, the spouse can inherit your house even if their name was not on the deed. This is because of how the probate process works. When someone dies intestate, their surviving spouse is the first one who gets a chance to file a petition with the court that would initiate administration of the estate.
How long can an executor live in the house of the deceased?
Can an executor live in the deceased's house? In general, no, unless they were living there before the testator died. The executor is responsible for managing the estate, and this might need to involve selling the house. This should not be delayed simply because it is inconvenient for the executor.