Transfer of Property on the basis of Registered or Unregistered Will

Transfer of Property on the basis of Registered or Unregistered Will

Transfer of property means transferring the ownership of the property.  For transfer of the property, one has to establish his claim or has to prove his title. The same can be done through various documents like sale deed, gift deed, Will etc.

Will or no Will

Whenever a person dies, someone has to manage his property and assets. There can be two situations:

1.   The person has died after making a Will

2.   The person has died without any Will (has died intestate)

In the first case, the property gets distributed as per the tenor of the Will.

In the second case, the property gets distributed as per the Law of Succession. The property gets devolved to the legal heirs of the deceased as per personal laws and relevant provisions of statute e.g. the Indian Succession Act, the Hindu Succession Act etc. whichever is applicable.

Registration of Will

As per the Indian Laws, it is mandatory to register the document based on which the immovable property having a value of Rs 100 and above is transferred. If a document which is required to be registered compulsorily has not been registered, the document does not confer any title. It is not admissible in evidence in court.

If the Will is registered, it is better. The registered Will is considered as a genuine one. The testator and the attesting witnesses appear before the Registering Authorities. It helps to ascertain their identities and add to the authenticity of the document.

Process of transferring the property

For transferring the ownership, the relevant papers are submitted to the office of the Sub Registrar.

Documents required are:

  • Will – A Will can be registered or unregistered. If the Will is registered, it is in the safe custody of the Registering Authority. It can also be kept in the safe custody of a banker or a lawyer. In such a case a certified copy of the Will is submitted. If the Will is unregistered, attested copy of the Will is submitted.
  • Probate – Probate can be demanded if it is compulsory or if the Will is not registered. Probate is a certificate from the court certifying that it is the last Will and is genuine. Probate is granted to the executor appointed under a Will. Probate is mandatory in certain States.
  • Succession certificateSuccession certificate is required to access the moveable assets of a deceased person. Even if the Will is there but not registered, the claimant through the Will in some cases, is asked to bring the succession certificate from the court. Succession certificate is generally required for a moveable property like bank account balances, shares, securities etc.

There are certain other documents also which may be required/ demanded by authorities, depending upon the facts of the case.

  • Affidavit from the legal heirs stating no objection to transfer the property to the person named in the Will if all legal heirs are not included in the Will
  • Affidavit of attesting witnesses if the Will is unregistered
  • Affidavit from the beneficiary of the Will to clear all the liabilities related to the property

It is always advisable to draft a valid and proper Will through a lawyer. It is better to get the same registered. It will help the family members later for a smooth transfer of the assets in the name of beneficiaries.

Amrit Singh Loha, UK

Testimonial

Dear NRI,

NRI Legal Services have proved fast efficient service in the transfer of ownership.

Great members of staff in giving prompt updates from India office.

I would highly recommend NRI Legal Services to my friends and members of the family in near future. Excellent and highly professional service.

Amrit Singh Loha
07449611714

Jeetinder Pinder

Testimonial

My father and myself have used the services of NRI since May 2014 with regards to Land that was registered incorrectly in the name of my Father and my Late Grandfather in the state of Utter Pradesh. We have been faced with many issues and barriers outside the control of NRI and ourselves. But, I can say that through the ongoing and relentless work that the team at NRI have put in we have finally after four years received written confirmation that all has been corrected. We are now hoping to sell the land in Utter Pradesh through the NRI sales office and hope to complete these transactions in a similar manner. I would happily refer any of the NRI Legal services to anyone looking to get involved in any land matters within India.

Jeetinder Pinder, Middlesex, UK

Pinder@WeareCrystaline.co.uk
0777 999 5652
0344 8464 222

Transfer of property after the death of husband

Transfer of property after the death of husband

After a death of a loved one, our lives come to a standstill. It is even worse when it is a woman who has lost her husband, her whole world shatters. Most of the Indian women never indulge in the matters of property and legal documentation while the husbands are alive. That is the worst part after husband passes away, she has no clue what is required to do to secure the property rights of her and her children. The loss that death has brought in cannot be recovered, but the right of the widow and the children on the property left behind by the deceased has to be exercised so that it doesn’t entangle one in any further legal complications.

What to do to transfer the property left behind by deceased husband?

Most of the women who have lost their husbands become dependent on the relatives to get the property documentation done. Many times, it is seen that instead of helping, relatives end up creating more disputes between the family which ends up in long legal battles in the courts.

The step one should be to seek legal advice from a property lawyer.
Find a lawyer who is trustworthy and have an understanding of the property law in India. If required take the second opinion and then decide to choose the right lawyer.

Never delay the process of transferring property ownership after the death of the husband. Though it is not easy to overcome the emotional loss but at the same time, one should not forget that it is vital to secure the property rights.

In case of NRIs: As is commonly known, NRIs are not permitted to purchase agricultural land, but they can only inherit it from their forefathers. In case of an NRI inheriting a property, either a widow receiving it from her dead husband or the successors of such a person; following are the documents that are required for a transfer title of inherited property:

  • A registered will – It can just be written on a plain piece of paper, witnessed by two people, registered by the sub registrar’s office, which on being presented in court is treated as a valid document.
  • Encumbrance certificate – Such a certificate records and reflects all the transactions occurred in respect of an immovable property be it a sale, lease, mortgage, gift, partition, release, etc.
  • Land Record / Khata – It shows the entry of the property owners details in the records of the Corporation / Municipality / Revenue Department. While the registration document shows the purchase or sale of the property from one owner to another with various rights thereon, whereas the Khata / land records show the annual property taxes paid.

TRANSFER OF PROPERTY BETTER THAN LEAVING BEHIND A WILL

BEHIND A WILL

‘People can only have a long-term plan if they know their private property is secure’. Throughout life, we acquire property in the form of houses, real estate, vehicles and savings accounts. Deciding how to divide assets between loved ones after your passing can be a confusing task. The use of wills and deeds of transfer can help to accomplish this.

Transfer of property means an act by which a person conveys a property to one or more persons, or himself and one or more other persons.

 A will or testament means is a legal document by which a person, the testator, expresses their wishes as to how their property is to be distributed at death, and names one or more persons, the executor, to manage the estate until its final distribution.

Similarities

  • Both of them have the effect of transferring ownership of property
  • Both can be used in disposing of such property in the context of estate planning

Validity

Transfer of property deeds and wills are both legal documents. In order to stand up in a court of law, both should be signed and notarized. Without this, the validity of the document can be disputed by another party trying to claim the property.

Reasons as to why transfer of property is better than will

  • Wide Scope-Deed to transfer property is strictly related to transfer of land or anything attached to it. However will can be used to transfer anything whether a land , house, jewellery. So the wide ambit of will makes it complex.
  • Formality-Deeds are usually filed through an attorney, title company or real estate agency. Wills can be drawn up by an individual and filed on record at the county recorder or kept in a safe place at home. So the formality of the document of transfer of property is maintained.
  • Explicit- The transfer of property once done is irrevocable. It does not create disputes between parties as will is subject to changes, revision.
  • Control – The property once transferred is under the control of the transferee. He has present control over it. However the will is in the control of the testator till he dies.

Thus, transfer is a better, systemized, logical and relatively peaceful in a parasitic caste in society. It is a fundamental institution and needs to be protected.