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.

Get Your Rights ‘Transferred’ to Yourself – In Time!

Transfer of Property

How many times would you have heard NRIs complaining of their property being usurped by unwanted elements, for sheer lack of legal transfer of property in their names? Transfer of property is easily one of the most troublesome issues that NRIs face – and lack of awareness of these has led many NRIs to suffer mental harassment.

For anybody to be able to take action on their property, it is important that a clear title is established to stake ownership. Moreover, to avoid fraud, property has to be in the individual’s name.

When an owner passes away, it is imperative that the authorities be informed immediately. Under the Indian procedures, the change of title of property does not happen automatically. It is normally a tedious and time-consuming process. One is required to submit some verification checks to the appropriate land revenue and registry departments. If an individual wants to have active control, build, and mortgage or even sell the asset in India, it has to be effectively in the individual’s name. Or else it would be tough to carry out any further transactions related to the asset.

Transfer of Property can take place in different ways. First is when you inherit through the Will document. In the absence of the Will, the inheritance would be through the natural law of succession – inheritance being of class I heirs under the relevant laws in India. The owner could also gift the property if he were still alive – this can be done through a Gift Deed. Finally, transfer of property could take place through a normal buying and selling. In this case, there would be a registered sale deed. In this case, money exchanges hand too.

For any of these processes to be held valid, there must be a registration done. The stamp duty and other costs involved would be based on a percentage of the value, and the rates will vary from state to state. Also – for any further transaction to take place, registration is necessary. When people ignore the validity and significance of the registration process, they become vulnerable to complications in property issues later on.

The problem with NRI cases is that most of them do not have proper legal representation in India to aid them with procedures related to property. For one, they dread the travel. There could also be the complexity of disputes, which they would find difficult to resolve from far off. Bureaucracy or Judiciary makes it no easier for them. To add to the complication is the fact that law procedures are different not just from state to state but also vary between particular property types. This would require complete knowledge, awareness, and diligence in handling these issues at various levels.

All NRIs seek professional and trustworthy services in property matters without traveling to India. As one of India’s top law firms on property issues, NRI Legal Services offers comprehensive advice for transfer anywhere in India exclusively to overseas residents without their having to travel to India personally. Some of the best legal advisors coordinate and communicate with the clients and complete these formalities of transfer of property on their behalf.

Make sure you are taking steps to stake claim to what is rightfully yours – Now!