The transfer of a title of a property refers to transferring the registration of a property that you have inherited from your father, mother or ancestors to your name.
In India, the process of transferring title of a property has numerous procedures in place. For instance,
if there is no Will, registered or informal, then the whole title can be disputed in many ways.
If there is a Will, there are still some procedures that are needed to transfer the title to the inheritor’s name.
Here is what you need to know about transferring the title of your inherited property to your name.
Documents needed to transfer title
Registered Will
First and foremost, a legally binding Will should be present. Registering a Will makes it doubly impactful, although a Will, even if written on a plain piece of paper, can be held legally valid if the signature is verified.
Succession Certificate
If there is no Will of any sort, the Succession Certificate comes into effect. The natural successors to a particular property should obtain this from the court.
The term ‘intestate’ refers to when a person dies without making a Will. In this case, the property is divided between the wife or husband of the deceased and their heirs.
To obtain the Succession Certificate, documents like the death certificate of the deceased, birth certificates of the possible inheritors and other important identity proofs are required.
Purchase deed and registration papers pertaining to the property
It is crucial to possess the original deed of purchase of the property in question, along with other registration documents.
In case the property is dated and the documents in question cannot be obtained, then it is important to obtain verified copies of the title deed from the registrar’s office in the deceased’s jurisdiction.
Encumbrance Certificate[EC]
The encumbrance certificate of a property validates that the property is free from any monetary and legal liabilities and disputes. It can be obtained from the jurisdictional registrar’s office. It signifies that the property you are inheriting is free from legal dues and has a clear and defined marketable title.
The EC as a document is also a record of all the transactions relating to the property, including rental, lease, sale, gift, mortgage or release.
Patta
One of the most important documents, the Patta is a proof of the entry of the person’s property in the records of the Municipality or Corporation.
It consists of many details, including the name of the owner, type of property, a record of property taxes and their payments and more.
It is important to note that when the title is transferred, the name in the Patta and other details should also be changed and reflect in the municipality’s records.
There is no automatic process for this and to transfer Patta, you should follow up on the task.
The process of transferring title of inherited property
A simple rule of thumb to remember is that to bring about an easy transfer of title, the Patta should be transferred and the revenue records should be updated with the details of the new owner of the property.
This change is reflected in the books of the specific jurisdictional development authority, be it the corporation or the panchayat.
All the documents mentioned above should be submitted to this authority. In case a Non-Resident Indian wants to transfer the title of a deed to his or her name, he or she can appoint a Power of Attorney (PoA).
If you are inheriting a property through a registered Will, you should include information pertaining to the fact that the executor of the will was authorized to bequeath the property to you and confirmation that the Will has gone through the probate, apart from details of the property, including its previous owner.
Always ensure that a registered Will is present. It saves a lot of time and trouble. The last version of a registered Will is one that is used. Keep all documentations ready, even if there is no dispute or problem.
Some people continue to enjoy the property without taking the important step of name transferring the property. It is always better to exercise caution and get it done as soon as possible.