Transferring property ownership from a deceased individual to their legal heirs is a common process in India, particularly when there is no registered Will. In this post, we outline the practical steps involved, supported by a real case handled by our office in Bangalore.
CASE STUDY: PROPERTY TRANSFER FOR AN NRI CLIENT
One of our NRI clients needed assistance in transferring property inherited from his late father. The father owned two properties in Bangalore — one in the Shivajinagar jurisdiction and another in Basavangudi.
Since the father passed away intestate (without a Will), the legal heirs included his wife, son, and daughter. The family intended to distribute the properties as follows:
- One property solely to the wife
- The other property to be shared equally (50% each) between the son and daughter
STEP 1: OBTAIN THE DEATH CERTIFICATE
The death certificate is the first and most critical document in the succession process.
- Where to Apply: Municipal Office / Hospital (through staff)
- Application Fee: ₹5
- Time Taken: Same day (in this case, issued via hospital facilitation)
Refer to the sample death certificate below.
STEP 2: APPLY FOR FAMILY TREE CERTIFICATE
The Family Tree Certificate (also known as legal heir certificate) officially lists the deceased’s legal heirs. It is issued by the Revenue Department.
Documents Required:
- Aadhaar, Passport, or Driving License of the applicant and family members
- Passport-size photograph of the applicant
- Affidavit describing the family structure (attested by a Notary)
- Death certificate of the deceased
- Property tax receipt in the deceased’s name
- Where to Apply: Nearest Nadakacheri (Atalji Janasnehi Kendra)
- Application Fee: ₹40
- Processing Time: 4 working days
- Download: Available online at nadakacheri.karnataka.gov.in
Refer to the sample Family Tree Certificate below.
STEP 3: DRAFT AND REGISTER A PARTITION DEED
A Partition Deed is executed to divide immovable property among legal heirs.
Documents Required:
- Parent deed (showing how the deceased acquired the property)
- eKhata and property tax receipt (still in the name of the deceased)
- Death Certificate
- Family Tree Certificate
- Draft of Partition Deed
Government Charges:
- Stamp Duty & Registration Fee is around Rs.7,255 (includes one certified copy)
Registration Jurisdiction:
Although the two properties were in different sub-registrar jurisdictions (Shivajinagar and Basavangudi), we registered the Partition Deed at the Basavangudi Sub-Registrar Office.
Note: A Partition Deed can be registered at any of the sub-registrar offices that govern the properties involved.
Refer to the registered Partition Deed below.
IMPORTANT NOTES ON LEGAL PROPERTY TRANSFER
The essential documents required to initiate the property title transfer from a deceased individual are:
- Death Certificate
- Family Tree Certificate from the Revenue Department
Once you obtain these, there are several legal instruments through which property can be transferred:
| Scenario | Suggested Document |
| Only one legal heir | Khata Transfer (No need to register deed) |
| Multiple legal heirs with defined shares | Partition Deed or Settlement Deed |
| One or more heirs relinquishing their share for consideration | Release Deed or Relinquishment Deed |
NEED ASSISTANCE?
We provide end-to-end support for property transfer, documentation, and registration services across Bangalore.
- Email: pgnproperties@gmail.com
- WhatsApp: +91-97424-79020