The transfer title of property concerns to transferring the registration of a property that you have inherited from your mother, father or next of kin, to your name. In India, the process of transferring title of a property is very tedious due to numerous procedures and structures in place.

For example, if there is no Will, registered or informal, then the whole title can be disputed in several ways. In case, if there is a Will, there are still many property documents that are required to transfer the title to the present owner name.

The entire process can be very time-consuming and confusing.

Here is what you require to understand about transferring the title of an inherited property to your name.

What are the documents needed to transfer title of inherited property?

Registered Will

As per legal requirement, a Will is not required to be registered. It can simply be written on a plain piece of paper. However, registration makes it a valid document that can be presented in the court. As a law firm, we recommend that the Will is registered. One can always keep revising a registered Will. it is helpful to transfer title of the property in india

Succession Certificate

In the absence of a Will, the legal heirs would require obtaining a Succession certificate from the court. The heirs will have to submit several documents such as the birth certificate of the heirs, death certificate of the deceased, copy of the ration card, bank statement of the heirs etc. These all documents are needed to prove that the legal heirs are indeed the rightful successors.

Original purchase deed of lands and registration documents in case of old property and lands, the original purchase deed may not be available. In such a case, you would require procuring certified copies of the title deed from the jurisdictional registrar’s office.

Encumbrance Certificate (E.C)

The Encumbrance Certificate of property records and reflects all the transactions occurred in respect of an immovable property be it a sale, gift, partition, lease, mortgage, release, etc.

Khata

One of the most crucial documents, the Khata is proof of the entry of the person’s property in the land records of the Corporation or Municipality. It consists of many details, including the name of the owner, a record of property taxes, type of property, and their payments and more. Unlike Khata, the property registration is in many cases simpler to identify.  On the other hand, the Khata sometimes should be hunted down. It is essential to note that when the title of the property is transferred, the name of the Khata and other related details should also be changed and reflect in the municipality’s records. There is no any automatic process for this and to transfer Khata, you should go in person and follow up on the task.

The process of transferring title of an inherited property

• Title Transfer can be done through mutation of revenue records or transfer of Khata.
• Mutation of revenue records means updating the details of the new owner of the property in the books of the particular development authority, i.e., either the village panchayat or the municipal corporation.
• To do this, you need to submit all the required documents mentioned above to the development authority.
• While the transfer must be affected locally, i.e., within the same jurisdiction and within India where the immovable property is located, it can be executed by an NRI using a document called Power of Attorney(PoA). For the succession certificate too, the NRI can have someone represent him/her through the Power of Attorney. The person you choose can be a relative, friend or even a professional. For instance, gave the PoA to your property lawyer or registered law firm for the transfer of his property.

Moreover, different municipal bodies follow different processes. It might be best to take legal advice from the best property lawyer and discuss regarding your specific case.