Published on
16 Jun 2023
4 min read

Managing Real Estate: Sale or Transfer

Sep 11, 2023

Real estate forms a substantial part of many individuals' wealth, particularly in India, where property investment is often viewed as a symbol of financial stability. Therefore, how to manage real estate - whether to sell or transfer - is a crucial aspect of estate planning and execution. This blog will explore different scenarios, including transferring property titles, selling the property, and handling potential disputes or issues.

Understanding the Role of Real Estate in Estate Planning

When dealing with a loved one's estate, one of the most significant assets you might grapple with is real estate. This can include residential properties, commercial properties, land, and more. As an executor, it's essential to understand how real estate assets should be handled as per the will and the laws governing property transfer and sales in India.

Transferring Property Titles: The Legal Process

Transferring property titles to beneficiaries usually involves a two-step process: obtaining a probate from the court (if required) and then transferring the property titles. Probate is a legal document issued by the court, recognizing the validity of the will and the executor's authority. Once probate is granted, the executor can transfer the property titles as per the will's directions.

This transfer is often done through a "Deed of Assent," a legal document that signifies the executor's assent to transfer the property from the deceased to the beneficiary. It's always a good idea to engage a lawyer or a legal professional while preparing and registering this deed to ensure that all legal requirements are met.

Selling the Property: Things to Consider

In some cases, the will may direct the executor to sell the property and distribute the proceeds among the beneficiaries. In such cases, it's crucial to ensure the property is sold at a fair market price, and all legal procedures are followed to protect the interests of all parties involved.

It's essential to consider any potential tax implications of selling property. In India, the sale of property could attract capital gains tax, which should be paid out of the estate before distribution to the beneficiaries.

Handling Disputes

Disputes over property are unfortunately common, especially when dealing with high-value real estate. Disputes may arise due to unclear instructions in the will, disagreements among beneficiaries, or claims from creditors or other parties.

As an executor, maintaining transparency and open communication with all beneficiaries can help mitigate these disputes. If a dispute escalates, it may be necessary to involve legal professionals to help mediate and find a resolution.

Estate Planning: A Proactive Approach

While managing real estate as an executor can be challenging, having a well-crafted will can significantly simplify the process. A comprehensive will should clearly spell out the deceased's wishes regarding their real estate assets, reducing ambiguity and potential disputes.

In conclusion, managing real estate during estate execution involves intricate decisions and careful execution of the deceased's wishes. Whether it's transferring titles or selling property, the executor's role is to ensure that the process is carried out transparently and as per the law. With meticulous planning, guidance, and patience, you can navigate this complex journey successfully, honoring your loved one's legacy and safeguarding the interests of the beneficiaries.