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Registration Of Will

Property is a state subject, therefore each state has its own requirements, costs, and documentation. If you are unfamiliar with the processes, get legal counsel.

Transfer of property means transferring the ownership of the property. One must prove his or her ownership in order to transfer the property. A sale deed, gift deed, will, and other official documents can all accomplish the same thing.

Will or not Will

Whenever a person passes away, someone has to take care of his property and assets. There are two possibilities:
  1. The deceased left a will after passing away
  2. The decedent passed away without leaving a will (has died intestate)
In the first scenario, the property is divided in accordance with the terms of the Will.

In the second situation, the property is divided in accordance with the Law of Succession. According to personal law and applicable statutory rules, such as the Indian Succession Act, the Hindu Succession Act, etc., where applicable, the property passes to the deceased's legal heirs.

Registration of Will

The document used to transfer immovable property with a value of Rs 100 or more must be registered, according to Indian law. A document that must be compulsorily registered does not give any title if it has not been registered. It is not acceptable in court as evidence.

It is better if the will is registered. A will that has been registered is assumed to be genuine. Before the Registering Authorities are the testator and the attesting witnesses. It helps in confirming their identities and strengthens the document's credibility.

Transferring the property process

The appropriate paperwork is delivered to the Sub Registrar's office in order to transfer ownership.

The necessary documents are:

Will

A will can either be registered or not. If the Will is registered, the Registering Authority is in charge of keeping it secure. Another option is to leave it in the safekeeping of a banker or a lawyer. A certified copy of the Will is provided in this scenario. If the will is not registered, an attested copy must be provided.

Probate

Probate can be demanded if it is compulsory or if the Will is not registered. A judicial document known as "probate" attests to the validity of the Last Will and testament. The will's nominated executor is given probate. In some states, the probate process is required.

Succession certificate

Access to a deceased person's moveable assets requires a succession certificate. In some instances, the claimant through the Will is required to bring the court's succession certificate even when the Will is present but not registered. A succession certificate is typically required for movable property, such as cash in bank accounts, shares of stock, and other securities.

Depending on the circumstances of the case, the authorities may also want or demand a few extra documents.
If all legal heirs are not listed in the Will, an affidavit from the legal heirs stating that they have no objections to transferring the property to the person named there is required.

If the Will is not registered, an affidavit of witnesses attesting is required.

A declaration from the will's beneficiary stating that all debts associated with the property have been paid off

Steps in the Transferring of Property

  1. New Terms of Ownership
    This involves an authorization decision between the property homeowner and recipients.
     
  2. Legal Counsel to Draft a Deed
    The cost of hiring an attorney to assist you with a property transfer is an essential investment. A legal description for the transfer of property is also included.
     
  3. Examine the Whole Agreement
    Check the deed to ensure that all of the information is accurate and full before transferring any property.
     
  4. In front of a witness, legalise the deed.
    All sellers should sign the deed in advance at a reputable register office for the transfer of property, together with any additional witnesses required by the applicable state's law. The document must next be notarized with a seal and signature.
     
  5. Register the Deed
    It is necessary to take the deed to the register's office and have it registered in order to legally transfer property. This is known as "recording the deed," and skipping this step will eventually lead to problems because no one will be able to grasp your relative's claim to the property. You'll pay the deed's fees and taxes at this time. The recipient will be regarded as the property's official owner by the end of the day.

Conclusion
It is always advisable to have a lawyer prepare a legitimate and appropriate Will. It is preferable to register the same. The family members will benefit later on when transferring assets in the beneficiaries' names.

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