Before selling inherited land in India, it’s essential to legally transfer ownership to the rightful heirs. This process ensures a clear title and prevents future disputes. Here’s a step-by-step guide:
1. Determine the Inheritance Type
- With a Will (Testate Succession): If the deceased left a registered Will, the property is distributed as per the Will’s instructions. The Will must be probated by a competent court to establish its validity.
- Without a Will (Intestate Succession): If there’s no Will, the property is distributed according to the applicable succession laws based on the deceased’s religion.
2. Obtain a Legal Heir Certificate
- This certificate identifies all legal heirs of the deceased.
- Apply at the local Tehsildar or municipal office with necessary documents like the death certificate and identity proofs.
3. Secure a Succession Certificate (if applicable)
- Required when the deceased did not leave a Will and the property includes movable assets.
- Apply through the district court by submitting a petition detailing the deceased’s assets and heirs.
4. Conduct a Title Verification
- Ensure the property has a clear title by reviewing the original sale deed and checking for any encumbrances.
- Obtain an Encumbrance Certificate from the sub-registrar’s office to verify that the property is free from legal dues.
5. Apply for Mutation of Property Records
- Mutation updates the land revenue records to reflect the new owner’s name.
- Submit the legal heir certificate, death certificate, and other relevant documents to the local municipal or revenue office.
6. Register the Property in the Heir’s Name
- Visit the sub-registrar’s office to officially register the property under the heir’s name.
- Submit all necessary documents, including the legal heir certificate, succession certificate (if applicable), and identity proofs.
7. Settle Any Outstanding Dues
- Clear any pending property taxes, utility bills, or loans associated with the property.
- Obtain a No Objection Certificate (NOC) from relevant authorities if required.
Once these steps are completed, the heir becomes the legal owner and can proceed with selling the property.
