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Home / Money / Personal Finance /  How legal heirs can transfer real estate of deceased

Given the high value of the real estate, the beneficiaries must secure the asset on the death of the legal owner.

There is a legal procedure to get the property transferred in the name of the legal heirs or beneficiaries. Here’s how you can go about it.

CHANGE OWNERSHIP

If there is Will, the transfer process is more straightforward, provided no one contesting the Will. The executor will administer the transfer based on the beneficiary stated in the Will.

In the absence of Will, the property is distributed based on the appliable succession laws. Legal heirs can also mutually decide among themselves on the distribution of assets if things are amicable.

Once they finalise the distribution, heirs can draw a family settlement deed where each member signs, which can then be registered for official records.

PAPERWORK

To transfer property, you need to apply at the sub-registrar’s office. You will need the ownership documents, the Will with probate or succession certificate.

If there is no Will -- the legal owner died intestate, legal heirs will also need to submit no-objection certificates depending on the settlement. If the beneficiaries pay other legal heirs to obtain their shares, it should be mention in the transfer paper.

After registration, beneficiaries must also apply for mutation of the title. It reflects the change in ownership in the revenue records. It should be done at the local municipality office. Once the mutation is done, the property tax will be in the name of the new owner.

If the property has an ongoing home loan, the beneficiary will need to repay the entire loan. Only then they can get the property transferred in their names. The lender keeps all the original records when giving a loan. Only on repayment it would give back the property-related documents.

If the property is on rent, beneficiaries can execute an agreement with the tenant where the beneficiaries are treated as the new lessors.

Property is a state subject where the paperwork, fees and duties differ from one state to another. Do take the help of a lawyer if you are not well-versed with the procedures.

(Do you have personal finance queries? Send them to mintmoney@livemint.com and get them answered by industry experts)

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