How To Register Inherited Property?

When a person passes away, the ownership of their property is transferred to their legal heirs, and this process often requires registering the inherited property in the name of the heir(s). The registration of inherited property is an essential step to ensure that the new owner’s name is legally recognized and recorded with the concerned authorities, such as the Sub-Registrar or the Land Revenue Department. It also helps in avoiding future legal complications regarding the ownership of the property.

Steps to Register Inherited Property:

Obtain Legal Heir Certificate or Succession Certificate:

Before you can register the inherited property, you must first establish your right as a legal heir to the deceased person’s estate.

If there is a will, you can apply for probate. If there is no will, you can apply for a succession certificate through the court.

A Legal Heir Certificate is issued by local authorities and serves as proof of your relationship with the deceased, particularly useful for smaller assets.

In case of real property, the succession certificate is typically necessary for transfer of property ownership.

Obtain the Death Certificate of the Deceased:

The death certificate of the deceased person is a crucial document needed for registering the inherited property. The certificate serves as proof of the person’s death and is required to initiate the transfer process of the deceased’s assets.

The death certificate must be obtained from the local municipal authority or hospital where the death occurred.

Obtain the Will (If Applicable):

If the deceased left a will, you must produce the original will for probate or letters of administration (if the will is contested or if no will is found).

The will may also state specific instructions about how to handle the property and the rightful heir(s).

Probate is obtained through the court process, and the executor of the will is responsible for transferring the property.

Prepare the Necessary Documents:

In addition to the legal heir certificate, death certificate, and will, you will need the following documents for property registration:

• Property documents such as the title deed, sale deed, or lease agreement. These documents prove ownership and the nature of the property.
• Affidavit: A self-declared affidavit confirming the identity of the legal heir and details about the deceased’s property.
• Property tax receipts and other bills or receipts that verify the property’s ownership and its location.

Visit the Local Sub-Registrar’s Office:

To register the inherited property, you will need to visit the Sub-Registrar’s Office in the jurisdiction where the property is located. At the office, you will need to submit the necessary documents.

Documents required at the Sub-Registrar’s Office may include the succession certificate, death certificate, will (if applicable), property title documents, and an affidavit of inheritance.

You may also need to submit a stamp duty or registration fee, which varies based on the property’s value and local laws.

Execution of the Property Deed:

The heir(s) must execute a Deed of Inheritance (or Sale Deed, if the property is being sold). The deed will specify the details of the transfer of ownership and the legal heirs.

This document must be signed by all heirs (if multiple) and may require the presence of a witness to make the transfer legally valid.

Once executed, the deed should be submitted for registration.

Payment of Stamp Duty and Registration Fees:

To complete the registration process, stamp duty and registration fees must be paid as per the market value of the property and the rules of the respective state.

The stamp duty is usually calculated based on the value of the property or the market rate, whichever is higher.

Registration fees are also required to complete the official transfer of ownership.

Property Registration and Transfer of Title:

After the documents are submitted, the property will be registered in the name of the heir(s), and the title will be transferred.

The Sub-Registrar will verify all documents, ensure the payment of fees, and then register the deed in the name of the heir(s).

The heir will receive an official registered document showing their ownership of the property.

Update Land Records:

Once the property is registered, it is important to ensure that the land records (if applicable) are updated to reflect the new owner’s name.

In many places, land records are managed by local land revenue or municipal offices. It’s crucial to update these records to avoid disputes in the future.

Example:

Let’s say Mr. Z passes away, leaving a house behind. His son, Mr. A, is the sole heir.

Mr. A first obtains the legal heir certificate and death certificate of Mr. Z.

Since Mr. Z left no will, Mr. A applies for a succession certificate from the court.

He then gathers the property title deed, property tax receipts, and other required documents.

Mr. A goes to the Sub-Registrar’s Office to submit all the documents along with the stamp duty payment and registration fee.

After verification, the Deed of Inheritance is signed by Mr. A, and the property is officially registered in his name.

Key Points to Remember:

• The legal heir certificate and succession certificate are essential for proving your right to inherit the property.
• The death certificate, will (if available), and property documents are required for registering the property.
• Stamp duty and registration fees must be paid based on the property value to complete the transfer of ownership.
• After registration, ensure the land records are updated to reflect the new owner’s name.