There is a legal process to get the property transferred in the name of the beneficiaries or legal heirs. If there is Will, the transfer process is simple, provided nobody is challenging the Will. The executor will transfer the property to the beneficiary mentioned in the Will. But, how do you transfer the property after death without will in India? Let’s find out:
If the property’s deceased owner doesn’t leave behind a will, then, as per the Hindu Succession Act, 1956, the legal heirs will inherit the assets in the given order.Class-I legal heirs are given the first preference. These include close relatives such as a spouse, parents, children, and their successors. Parents, daughters, and sons will all get equal shares.Similarly, the spouse will also get one share. However, if there is more than one surviving spouse, then they all will get the one portion they’re entitled to. Their successors will also get only one share, which the person through whom they’re claiming was entitled to.When the deceased owner leaves the house without any will, female heirs can claim a stay and share in the home. However, only male heirs have a right to divide the property.Even leaving a will, legal heirs are required to get a succession certificate from the court. This legal document authorizes you to represent the deceased individual to collect securities and debts payable in his name or due to him. You are required to submit an application to a high court or magistrate if you want to obtain the succession certificate.
