what is the procedure for transfer of property after demise of the owner?

My dad has expired 3Yrs ago and left no will.our property documents are with the housing finance co.what is the procedure for transferring property on my mother’s name.pls help?

what is the procedure for transfer of property after demise of the owner?
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3 Replies to “what is the procedure for transfer of property after demise of the owner?”

  1. if your father has not left any “will”, the procedure is as follows:

    1. Apply for death certificate from municipality.
    2. Using the death certificate, apply for legal heir ship certificate from Tahsildar.
    3. the legal heirs are the co-owner with equal rights.

    for example if your father has 3 children, then all three children and your mother total four legal heirs will have 1/4 rights over the property.

    if every one feels the property can be transferred to your mother, then all the three children shall relinquish their rights in favour of mother by a registered release deed.

    now your mother will have absolute right in her name.


    The answerer “ibu guru” is correct in respect of probating in the court. But it is applicable for the properties where there is Will and only that WILL need to be probated in the Court. In your case your father has not left any WiLL and hence the probating in the Court is not applicable to you.

    And another important thing is that even in the case of probation of WILL it is applicable only for the properties within the Jurisdiction of four metro cities (Delhi, Chennai, Mumbai, Kolkatta).

  2. Will or no will, your father’s death and matters regarding his property and estate were supposed to go to Probate Court when he died. Now you have no way to change the name on the mortgage, deed, etc, because you have no court order appointing an executor of the estate, no court order transferring title in the property to the proper heirs at law.

    Now you have to go hire an attorney who specializes in Estates, Wills, Trusts and Probate law and see if there is some way under your state’s laws you can get this fixed. It’s a big mess now, and it’s going to cost you more than if you had followed proper procedure to begin with. It looks like you made a very big and very bad mistake trying to avoid probate. Now you pay.

    Veers missed the crucial point: you needed a probate court order to transfer the property.

  3. Both Guru & verrs has not enunciated how to get the document from the Bank: as they have told get the heir-ship certificate and other legal document and submit to the Bank to transfer the loan in the “heirs” name: Now the legal heirs are jointly borrowers for the loan : and they all have to pay the loan and get the document from the Bank:

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