How to transfer property from mother to son after death?

Transferring property following a parent's passing is a common procedure in succession and inheritance. I am a lawyer and I have seen that different rules control how this practice of succession and inheritance is carried out. The individual's religion also has an impact on how the property is inherited. To control property succession and inheritance, there are personal laws. The Hindu Succession Act of 1956 and the Indian Succession Act of 1925 are the two principal Acts that regulate succession legislation. I will tell you how to transfer property after death of mother.

Due to the great value of real estate in today's society, the estate of the deceased shall be protected by his successors after his passing. By following the legal process, the deceased's legitimate heirs may claim his assets. The number of legal heirs, the Act under which it is controlled, the nature of the property, the will, and other factors may affect the legal requirements for passing the property.

The legal process of property transfer from mother to son will vary depending on the situation. In contrast to when someone makes a will before passing away, there will be extra-legal requirements if the deceased individual dies intestate (without a will). 

Property transfer after death of mother with will

 

Section 63 of the Indian Succession Act, 1925 defines a will. It's a legal document or a certain type of declaration that outlines what someone desires. The individual to whom the owner's assets are to be transferred is specified in a will. It is entirely up to the estate owner; it could be one person or multiple people. A person of sound mind, who is at least 18 years old and is not a minor, may make a will.

The court will verify the validity of the will and call witnesses to verify its validity when the owner of the assets passes away. Making a will requires the presence of witnesses. The fact that a will can be registered does not exclude it from being legitimate if it is not registered. Both documents are legitimate. Though a will is created and then, just before passing away, the owner creates another will, the first will is revoked, even if it has been registered. The most recent will shall be final and enforceable. 

Property transfer after death of mother without a will 

Making a will requires the presence of witnesses. The fact that a will can be registered does not exclude it from being legitimate if it is not registered. Both documents are legitimate. Though a will is created and then, just before passing away, the owner creates another will, the first will is revoked, even if it has been registered. The most recent will shall be final and enforceable. 

Property transfer after death of mother through probate 

According to the Indian Succession Act of 1925, what constitutes probate. A certified copy of a will that has been sealed by an appropriate court is known as being in probate. The maker of the will specifies everything in the will, including the recipients of his assets and share. Depending on who owns the assets, more than one person's name may be stated in the will. The probate process is a way to have the court certify the will as being valid. By confirming the will, the probate authenticates it. A probate is an evidence that a will was properly executed and represents the decedent's sincere final request.

Transfer of property from mother to son

The actions listed below need to be followed in order to transfer property from a deceased mother to a son:

1. The mother's death certificate should be obtained in certified form.

2. If the mother has a will, find it. If she died without leaving a will, the assets would be dispersed in accordance with the mother's home state's intestacy rules.

3. If the estate must go through probate, get the help of a probate lawyer to help in the transfer procedure.

4. If there is a probate court, file the will there.

5. Give any creditors advance notice of the mother's passing so they have time to file claims against the estate.

6. Pay off any unpaid taxes or bills incurred by the estate.

7. Distribute the estate's remaining assets to the beneficiaries in accordance with the terms of the will or the intestacy laws.

8. Have a deed or other suitable legal document created to prove the property transfer.

This is all you need to know about how to transfer property after death of mother.

• After the property is transferred in your name, you have to apply for mutation of the property title.
• For this, you will have to visit the municipal authority office in whose jurisdiction the inherited property is situated.
• Submit the application for transferring the property along with the necessary documents and the fee.
• The authorities will transfer the property in your name after verification.

Passing away of parents is heartbreaking. They don’t just leave the world, they leave us alone and scared, at times clueless as well. It is shattering. But you have to carry on and be the bravest in the world. I am the only son and my father passed away a few years back and I lost my mother to COVID in 2020. It was devastating but life goes on. Among all the other emotional battles I was stuck to know how to transfer property from mother to son after death. It has to be done of course. So I went ahead and researched. My lawyers told me about the process in detail. Here is what they said.

So they asked if my parents had a will. If there was a will then the property gets transferred to the beneficiary, i.e. the son. In this case property mutation is done. If the will is registered then it is easy to carry out the whole process but if it is unregistered then you will have to obtain the probate of will from the court. Here are the documents required to get property transferred if the will is there:

• Death certificate

• Sale deed

• Gift deed (if any)

• Power of attorney (if any)

• Copy of will in your favour

• Property tax payment receipts

In case there is no will then you will have to prove your legal heirship by obtaining a legal heir certificate from the court. If there are multiple class 1 legal heirs the property is distributed amongst them but if you are the only heir the court will give you the legal heirship certificate after thorough verification. While applying for mutation of property you will have to give the following documents along with your ID proof:

• Death certificate

• Legal heir certificate

• Sale deed

• Property tax payment receipts

The mutation charges will be applicable as per the locality and property type. So make sure you gather information around that as well. I hope how to transfer property from mother to son after death is clear now.