Legal Heir & Succession Certificate Explained – Claim Property Legally

In the case of a death within the family, the deceased's property is not automatically transferred to the name of the heirs. Rather, various legal steps must be followed to claim or transfer it, such as land, a house, bank accounts, or other assets.

If the deceased has left behind a will, property is transferred according to that will. In the absence of a will, property is partitioned or shared according to the succession laws concerned (such as the Hindu Succession Act, Muslim Personal Law, etc.).

You will need a legal heir certificate or succession certificate and then mutate (update) records in your name in government/property documents.

Main Legal Steps for Claiming or Transferring Property:

• Get the Death Certificate – To be applied for at the local municipal office within 21 days.
• Obtain a Legal Heir Certificate – From the Tehsildar/SDM; this establishes the identity of the legal heirs.
• Will Or No Will?
  • If a will exists, go ahead and apply for probate in the court for immovable property.
  • If a will does not exist, apply for a court succession certificate, especially concerning money/assets.
• Property Mutation – Apply at the local municipal or revenue office to transfer the property in your name.
• Change the names on any bank accounts and utility connections, namely electricity and gas.
• If applicable, clear any outstanding loans or debts.

Legal Steps After Someone Dies – FAQs

1. Dad died. How do I put the house in my name?

First, get a death certificate. Then apply for a legal heir certificate. Finally apply for mutation at the local municipal office.

2. What is a legal heir certificate, and why is it necessary?

It is an official document of the government declaring the heirs of a person. It is required for transferring the property, pension, and bank accounts.

3. No will exists. Who owns the property?

The division of property follows the provisions in the succession laws. For Hindus, it has to comply with the Hindu Succession Act. Personal laws do apply to Muslims and Christians, respectively.

4. What if someone wrongly claims that property belongs to my parent?

To object, file an objection during the mutation or succession process. A civil case relating therewith may also be filed to prevent illegal claims.

5. What is the mutating of the property?

It signifies updating the ownership of property in municipal/revenue records under the new legal heir's name.

6. How long does the process of mutation take?

It could take 2-4 weeks depending on the correctness of documents and the non-existence of disputes.

7. What if a brother does not permit me to claim my share?

You can send a legal notice and approach civil court to claim your rightful share.

8. Can a daughter lay claim to her father's property after his death?

Yes, daughters have equal rights under the Hindu Succession Act, even if married.

9. What is the legal heir certificate and the succession certificate?

Legal heir certificate: issued by tehsildar for general purposes.
Succession certificate: Issued by a court to claim currency versus administering an estate with assets such as bank accounts or shares.

10. My father has written a will. Is it sufficient evidence?

Yes, but registering it is better. If not, legally enforcing that will may, at some point, require probate from the court.

11. Is it possible to transfer the property without a will or succession certificate?

No. Proper documents have to be produced to prove one's status as a legal heir.

12. What happens if more than one heir wishes to use the asset together?

Thereupon, mutation in the names would be done jointly. Any sale or division thereafter must be done jointly.

13. After the demise, what happens to a bank account?

It is frozen by banks. An application has to be submitted by heirs with a legal heir/succession certificate in order to access or close the account.

14. Does one require a lawyer for transferring properties after someone dies?

No, but a lawyer would be valuable where disputes arise or where court procedural processes need to be followed (succession certificate).

15. What if someone did not tell anyone about his property and then died?

You probably have to search property records, electricity bills, and tax records or check with your local land office.

16. Am I allowed to sell the property immediately after my father's death?

It cannot be so because until the property is mutated in your name and you have legal proof of ownership, it cannot be sold.

17. What if the property is joint in the name of husband and wife?

It means the share remaining for the deceased goes to the heirs; the surviving co-owner will still own it.

18. Can we partition ancestral property without a will?

Yes, All legal heirs can mutually agree and sign a family settlement deed or go to court for partition.

19. Is registration of a will compulsory?

No, however, registering it will form a more potent proof in case of any challenge.

20. Where will I begin with legal processes?

Visit your local municipal office or Tehsildar's office to get the death certificate, as well as the legal heir certificate. Enquire at the district civil court for succession or probate.