How to Claim a Loved One's Property After Death | Truelegacy

Learn the legal process of claiming a loved one's property after their demise. Understand succession, inheritance, required documents, & estate planning need.

The days following the loss of a loved one are often filled with grief and confusion.

Yet, amid that emotional storm, families are also faced with immediate practical questions - What are the next formalities? Who gets what? How do we access the accounts? Imagine a young spouse loses their partner unexpectedly, with a small child and an elderly parent to care for.

There is no Will.

What follows is a procedural and emotional ordeal one that many families in India experience in the absence of proper estate planning.

In this article, we explain the steps the surviving family members need to take to claim the assets and property of a deceased loved one.

What are the Steps to Claim One's Property after their Demise?.

1.

Obtain Death Certificate: The Death Certificate is the foundational document for all subsequent legal and financial procedures.

It must be obtained from the municipal authority or hospital within 21 days of the person’s death.

This certificate is required for closing or transferring bank accounts, claiming insurance proceeds, initiating succession proceedings, and transferring property.

Secure Legal Heirship Certificate: Next, the family should obtain a Legal Heirship Certificate from the Tehsildar or Revenue Divisional Officer.

This certificate identifies the lawful heirs, typically the spouse, children, and parents in accordance with the applicable personal law.

This certificate is essential for claiming deposits, pension benefits, and initiating property transfers.

The time period to process takes around 10 to 30 days depending on jurisdiction and completeness of documents.

Collect All Asset and Liability Records: Once basic documents are in place, the family must compile a comprehensive inventory of the deceased person’s assets and debts.

This should include all bank accounts, lockers, and deposits, property ownership documents and registration records, insurance policies and retirement benefits including all the outstanding loans, tax dues, and credit liabilities.

The next steps to be taken would depend on whether the deceased individual has left a Will or not.

Where There Is No Will.

1.

Applying for Letter of Administration If no Will exists, the lawful heirs must apply to the competent District Court for Letters of Administration under the Indian Succession Act, 1925.

The Letter of Administration is a formal document that authorizes heirs to collect and distribute the estate of the deceased.

To obtain Letter of Administration, you have to submit the following documents: i.

Death certificate ii.

Legal heirship certificate (along with marriage and birth proofs) iii.