Property succession after owner's demise

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Ashu (Querist)

30 March 2023 If a person buys a property with only him as owner, how can he ensure a smooth succession of that to wife/kid/parents in his absence.
1. Will that be automatically handled as per Hindu Law?
2. Is re-registration must in that case?
3. Do they just have to re-register the property by showing some documents? Which documents?

Thanks in advance.

CA Sanat Pyne

CA Sanat Pyne (Expert)

30 March 2023 The laws governing succession to property vary depending on the religion of the person and the type of property in question. Assuming that the property is owned by a Hindu, here are the answers to your questions:
If a person dies without leaving a will, the property will be inherited by his legal heirs as per the Hindu Succession Act, 1956. The legal heirs in this case would be the person's wife, children, and parents. However, if the person wishes to ensure that the property is passed on to a specific person, he can make a will.
Re-registration of the property is not mandatory in case of succession, but it is advisable to do so in order to avoid any disputes in the future. The legal heirs can apply for mutation of the property in the revenue records after the death of the owner.
The legal heirs would need to produce the following documents to apply for mutation:
Death certificate of the owner
Succession certificate or court order declaring the legal heirs
Affidavit stating the relationship between the legal heirs and the deceased owner
Proof of identity and address of the legal heirs
NOC from the municipal corporation or any other authority if required.

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