Everyone has the right to bequeath one’s property to whomsoever they desire. This is done in the form of a will written beforehand. A number of factors affect the credibility of a person’s will and its validity after that person’s death.
In legal terminology, a testator is a person who has written down his or her will. Attesting the will is extremely important, without which it becomes null and void. This involves the signatures of two witnesses in the presence of the testator. The executor is the person upon whom property is conferred, and that person becomes the inheritor of the property stated in the testator’s will.
Inheritance Without a Will
If a person dies without leaving behind a will, the property is divided according to the existing succession laws. The succession laws in India differs for the three major religions, namely Christianity, Hinduism, and Islam.
The inheritance laws for Hinduism are also applicable to the religions of Buddhism, Jainism, and Sikhism. Hindus are divided into Tier-I and Tier-II inheritors, based on ancient traditions. The Muslim law of inheritance in India is based on the inheritance laws prescribed in the Sharia, which makes up the Islamic code of conduct. The inheritance laws for Christians are based on the 1925 Indian Succession Act.
How to Permanently Transfer Property
Mutation is the legal term that defines the act of transferring land assets from the possession of one individual to another. Once the legal ownership of an heir is confirmed by the court, the process of mutation can be commenced by the confirmed heir. All the legal documents relevant to the house or immovable asset have to be submitted to the court for their scrutiny. In the case of a house or some land, these include proof of inheritance through the will, death certificate of the deceased, and the complete set of land records related to that property.
What If There are Multiple Heirs?
In the case of multiple heirs, the process of mutation can only be complete once No-Objection Certificates (NOCs) are given by the remaining heirs. An inheritor’s application for mutation can be challenged through an appeal. The condition, however, remains that this appeal has to be filed within 30 days of the drafting of the mutation application. Once the period of 30 days is over, the inheritor gains the right to sell or rent out the inherited property.