How to Transfer Property from Father to Son After Death in India?

Transferring property after death of the father requires the son to follow a proper procedure. If the father died intestate the process is slightly different from when he leaves a will or testament behind. In this answer you will find the answer to how to transfer property from father to son after death in India. Find out what is the process and what are the documents required to transfer property after death. Read on.

Here is a list of major documents which the son must carry to get property transferred in his name after the death of the father.

• Will/ testament

• Certified copy of death certificate of the father

• Succession Certificate

• No-obligation certificate from the other successors/heirs along with the affidavit

• Lineage list certificate

• Relinquishment deed (if required)

• Gift deed (if required)

There are two cases for property transfer in this case:

If you are the only son in whose favour the will is executed then you simply have to carry the above documents to the local sub registrar’s office and get the registration transferred in your name. 

In case of multiple legal heirs, a claim may halt the process and the court will verify authenticity of the will and claims before passing the judgement.

Another case is if your father has died intestate, i.e., there is no will or testament then you will have to obtain the settlement deed/ gift deed/ relinquishment deed from other legal heirs and produce it in front of the SRO for property transfer. The appropriate succession laws may also apply in this case. You will have to produce the proof of succession and NOC from other legal heirs.

This is how to transfer property from father to son after death in India.

Hello! As a Lawyer, I'm here to provide

you with

accurate and reliable legal information.

Case type: This appears to be a case of transferring property from a father to a son after the father's death, which falls under the purview of inheritance and succession laws.

Legal Remedies:

1. Obtain a legal heir certificate: Apply for a legal heir certificate from the concerned authority to establish your status as a legal heir and your right to inherit the property.

2. Obtain a death certificate: Obtain the death certificate of your father from the local authorities. This will be required for further legal proceedings.

3. Determine whether there is a will: Check if your father has left a will specifying the

transfer of property

to you as his son. If there is a will, you may need to apply for probate from the appropriate court. If there is no will, you may need to apply for letters of administration.

4. Apply for mutation of property: Once you have established your legal heirship and have the necessary documents, you can apply for mutation of the property in your name. This involves updating the land records with the appropriate authorities to reflect the transfer of ownership.

It is important to consult with a lawyer who specializes in inheritance and succession laws to guide you through the process and ensure compliance with all legal requirements.

If you have any further questions or concerns regarding the

transfer of property

from a father to a son after the father's death, please feel free to ask.

Wondering after father death who is the owner of property in India? So, let me tell you, if a Hindu father passes unexpectedly, his property is normally distributed by his Class I legal heirs, which comprise his widow and children (both sons and dughters), according to the Hindu Succession Act.

1. Have a will/testament.

2. Obtain a certified copy of the death certificate of the father.

3. Obtain a succession certificate.

4. Obtain a no-obligation certificate from the other successors/heirs along with the affidavit.

5. Obtain a lineage list certificate.

6. Obtain a relinquishment deed (if required).

7. Obtain a gift deed (if required).

Alternatively, if the father died intestate, the property can be inherited through the laws of succession.

Please note that the laws of succession and inheritance are governed by personal laws which come under the Indian Succession Act, 1925. The Hindu Succession Act, 1956, also governs the succession of property for Hindus. After the amendment in 2005, daughters are also entitled to an equal share in their father’s ancestral property.

After death of father how to transfer

from a father to a son

involves legal procedures. 

The process depends on various factors such as the presence of a will, the type of property, and the family's religion.

How to change property name from father to son, after death? Find out here.

If the father has left a valid will, the son needs to apply for probate (if required) in the appropriate court. A probate is a way of confirming the authenticity of the will legally. If there's no will, the son can apply for a succession certificate from the court. This certificate establishes the legal heirs’ entitlement to the deceased father's property.

If there's a will, you need to present it to the appropriate court for verification.

In some cases, a legal heirship certificate is required to prove the legal heir status of the son of the deceased father. This certificate can be obtained from the local revenue authorities.

Once you get the legal heirship or succession certificate, the son needs to apply for the mutation of property records. This process involves the updation of the property records with the local municipal authority for the change of the owner's name.

If the property needs to be transferred through a formal sale, a sale deed or transfer deed should be prepared. This document contains the terms and conditions of the transfer.

The sale deed or transfer deed has to be executed on non-judicial stamp paper. It must be registered at the sub-registrar's office to make it legally valid. This should clarify

after death of father how to transfer property.

Once the registration is complete, possession of the property will be transferred to the son. You should inform the local revenue authorities to update their records with the new owner's details.

You should also inform the various authorities about the

transfer of proprietorship firm from

father to son after death

such as the local municipal corporation, utility providers, and any housing societies about the change in ownership.

Let No Broker help you out!

Read more

Hi,

One of my friends, Ashish, lost his father during the beginning of this year. His father did not leave behind any Will. So, he wanted to know the process of, how to change property name from father to son after death. I suggested him to get legal advice regarding the same.

What is the process of transfer of property from father to son after death?

The lawyer told that since his father had died without leaving any WILL, his property will go in equal share amongst his Class-I heirs. This includes him as well as his widowed mother. Hence, in this case the process of property transfer from father to son, would mandatorily require him to obtain a legal heir certificate. He should then use this certificate along with his father’s death certificate for the mutation of the property in their name.

This clarified his understanding about after death of father how to transfer property.

He also go to know about the documents required to obtain a legal heir certificate;

• Application form

• Applicant’s identity or address proof

• Death certificate of the deceased person

• Proof of Date of Birth of all legal heirs

To expand on the understanding of how to change property name from father to son after death, the lawyer also told him that after a person passes away, their legal heirs should actually check to see whether there are any liabilities in addition to the asset. Receiving an inheritance includes both assets and responsibilities. The successors must make sure that the deceased's assets and property are free from debt. If so, they must also settle all responsibilities and debts.

Read More:

Property division isn’t as easy as it seems. It seems obvious that after the father’s death his children will inherit the property but that also needs to be recorded in the property documents. One should know

how to transfer property after death of parent so that the property documents can be updated in government records as well. Mr Aakarshit has explained this topic quite well. I would like to add some more details to it.

What is the procedure to transfer property from father to son?

After the death of a person, his/her property will pass on to his/her legal heir unless a will has been made. If the will states someone else is the owner, the person will get the property. But if there is no will, the son/daughter needs to claim it.

Suppose you are the son and want to know how to change property name from father to son. First, you have to check whether there is a will or not. If not just issue the succession certificate from a civil court to state you are the rightful heir of the property.

However, if you have any siblings, you will have to either get the NOC or No Objection Certificate or distribute the property among them as well. 

The wife has an equal claim as his heirs and belongs to the Class I section in claiming the property. 

So be it wife, son, or daughter, each one has to state 

• How they are related to the deceased

• Get NOC from others if required

• And then visit the sub-registrar’s office to get it done. 

I hope this answers how to transfer property after death of parent.