A real estate property is a valuable asset that can provide financial stability for future generations. However, when the property owner passes away, it is crucial to obtain the death certificate to establish the inheritors' rightful claim.
According to the Registration of Births and Deaths Act of 1969, the death of a person must be registered with the government within 21 days. When a person is declared dead by a doctor or hospital, the information is sent to the local municipal corporation. The government then issues a legal document called the death certificate. This document contains important details such as the person's name, address, date of birth, date and time of death, and the cause of death. It serves as proof of the person's death, which must be collected by their immediate family. The death certificate is vital in helping the successors and legal heirs establish their claim to the deceased person's property.
Any self-acquired property can be bequeathed or transferred through the will of the property owner after their death. It is preferable that the will be registered, but this is not compulsory. Along with the will of the deceased person, the death certificate for property claim is an important document. If the will is not registered, an affidavit of the witnesses may also be required.
In India, when a property owner dies without leaving a will, the respective inheritance law of the property owner's faith is upheld. These laws of succession designate the legal heirs who are entitled to receive a share of the property. The Hindu Succession Act of 1956 and its subsequent amendment in 2005 covers the inheritance laws of the Hindus, Sikhs, Jains, Buddhists and Arya Samaj followers. It is important to remember that according to prevalent laws, ancestral property cannot be bequeathed in a will, and only self-acquired property may be inherited through the will. In all of these cases, though, any claim to the property can be made only when the previous owner has a valid death certificate.
The death certificate is the primary evidence of the previous owner's death. It provides a ground for establishing a property claim. Apart from this, it is also an essential document for closing bank accounts, claiming life insurance, and transferring securities to the nominee(s).
In case of property claims and disputes, the death certificate is the primary document to be presented by the claimants. It is also important for coparceners to have the deceased's death certificate in case of a claim to the ancestral property.
The previous property owner's death certificate is the most important document required for property claims. In many situations, however, the claimant may require one or more of the following documents in addition to the death certificate.
Apart from the death certificate for property claims, it is also an essential document that helps provide the family of the deceased with emotional closure.
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