Land is one of the biggest property types to inherit. Inheriting immovable properties is for the lucky ones, but the process can be legally complex. In the case of multiple heirs or missing documents, or other similar pitfalls, legal proceedings can be daunting.

In this guide, we shall highlight the critical steps to take when you inherit land or real estate. So, let’s get into the next steps of inheriting immovable assets and understand how to avoid legal disputes in the process.

Register your ownership

Once you inherit a plot of land, a real estate, or agricultural land, the first thing you must do is transfer its legal ownership and update the records in your name.

• Mutating property records simply means updating revenue or municipal records that reflect the change of ownership. Without mutation, property tax and legal enforcement can be challenging.

• You need a legally valid Will to claim your property ownership. This may also require a probate or succession certificate from the court. 

• In the absence of a Will, you need to produce a court-approved letter of administration or a legal heir certificate. 

• In other cases, a No Objection Certificate (NOC) from co-heirs may also be necessary.

• You need to submit all these documents to the sub-registrar’s office to transfer the property legally to your ownership.

• At last, make sure to register the property in the revenue (municipality or local authority) under your name for legitimate claims over the property and pay property tax. 

• In the case of missing original title deeds, you’ll have to file for a title search or appoint a legal professional.

Analyse outstanding liabilities and encumbrances

Before you can move on to claiming rights over an inherited property, you need to look into unpaid mortgages, loans, or dues. As the inheritor, these liabilities shall pass on to you. The lender has to issue a written consent, or you need a loan clearance certificate for the bank to transfer the funds (especially in the case of a home loan insurance).

If the inherited land is under rent or lease, you might have to undergo the lease’s obligations as well as other ongoing litigation. This is why you need to review all encumbrance certificates during the land registry process to steer clear of any mortgages, liens, or pending suits.

Succession planning to safeguard your assets for the future

One of the proven ways to safeguard your assets and avoid complexity is writing a Will that looks far ahead into the future. When inheritance comes through a Will, things are easier to process and legal disputes are minimised. And with an online platform (like AasaanWill) to make things easier, you can get started in less than 15 minutes, sitting in the comfort of your home and at a fraction of traditional legal fees.

The Hans India featured that AasaanWill’s affordable, AI-driven platform can democratise Will-making and smoothen inheritance transitions.

Our users shared their experience, saying:

“Wonderful experience while drafting my will… Team at AasaanWill were very prompt, helpful, and courteous.”

“Seamless experience … from drafting to the notarization.”

Final words

While inheriting land is a big deal, it brings along legal responsibilities. It’s essential to prioritise your rights, liabilities, and a secure property transition. Also, plan for your future heirs from any legal complications, and plan ahead with a legally valid Will today. Reach out to us, and we’ll be happy to guide you through the legal inheritance and Will-making processes.

Frequently Asked Questions

1. Can I inherit land without a Will?

Yes, you can inherit land without a Will via intestate succession. You need a legal heir's certificate or a letter of administration from the court. You might also need NOCs in the case of multiple heirs, so the other heirs have no legal issues, and you can proceed with the title transfer.

1. How long does mutation and registration of Will take?

The duration of mutation and registration depends on the state or municipality. Usually, mutation or Succession without a Will can take from months to an year, while registration of a Will takes just an hour at the sub-registrar’s office if you’ve produced all the required legal documents.

3. Can I inherit only part of a property and reject the rest that carries debt?

No, you cannot accept or reject parts of your inheritance. As per the Indian Succession Laws, you can either accept the entire inheritance, regardless of assets or liabilities, or disclaim the entire inheritance. If, in the case of heavy debt, you want to avoid claiming inheritance of a property burdened with liability, you will have to renounce your inheritance at the court within a certain period of time.