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What is the procedure of transfer of property in the name of the spouse after death?

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NA
Posted on 16-Mar-17
Advocate default
Answered on 13-Sep-17
There are two ways of doing it depending upon nature of property. (Whether it is land; land+building or flat/shop in some society / landlords' building.) The answer is specific to Maharashtra State but the same will hold more or less in other States too. 1. If acting as per the Will, the beneficiary has to approach the proper court for the Will to be Probated, after the Probate is obtained the executor named in the Will may transfer the property to the beneficiary by executing and registering a transfer deed, (in case the executor and the beneficiary are same) the same person acting in dual capacity one as transferor as executor and the other as the beneficiary in individual capacity can sign the transfer deed and register it. (entails significant expenses - because of court and legal fees) 2. If all the legal heirs are agreeing to the transfer in favour of one or more individual the said property may be transferred in government, semi-government , society records in the name of the legal heirs (by application, affidavit and indemnity bond). The legal heirs coould execute a Release Deed under which one or more Releasors could release their undivided share in the property to one or more releasees and register it. (Less expensive -- release deed may have insignificant stamp duty -- in Maharashtra it was 200 rupees now still it may be 200 or max 500 rupees.
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