Stories
How to Transfer Property Inherited Through a Will and Update Records
- •Inheriting a property through a Will does not automatically update government or municipal records in the beneficiary's name.
- •Beneficiaries must gather essential documents including the original Will, death certificate, and existing title deeds to initiate the transfer.
- •An application for mutation must be filed with municipal corporations, revenue authorities, and housing societies to reflect the new ownership.
- •Probate is no longer legally mandatory across India following legal amendments, though some institutions may still request it for due diligence.
- •Heirs should conduct thorough due diligence to check for outstanding loans, taxes, and potential legal disputes before selling the property.
Key Questions Answered
To transfer an inherited property, beneficiaries need to keep the original Will, death certificate, existing title documents, and identity and address proofs ready. Other essential paperwork includes proof of relationship, a mutation application, housing society share certificates, and an affidavit or indemnity if requested by the relevant authority.
Probate is no longer a statutory requirement across India following the omission of Section 213 of the Indian Succession Act, 1925. However, banks, housing societies, prospective buyers, or authorities may still request it as part of their internal due diligence or in cases where the Will might be challenged.
Before selling an inherited property, heirs should conduct a comprehensive due diligence check. This includes reviewing outstanding home loans, mortgages, housing society dues, property taxes, pending litigation, and any other encumbrances to prevent delays during the transaction.
