A Guide To Claiming Ancestral Property In India As An NRI
Claiming ancestral property in India as a Non-Resident Indian (NRI) involves several legal steps and considerations. Here’s a detailed guide:
Ancestral property is inherited from paternal ancestors up to four generations and must remain undivided during this period. It includes property passed from great-grandfather to grandfather to father and then to the individual. The inheritance laws vary based on religion, primarily governed by:
- Hindu Succession Act, 1956: For Hindus, Buddhists, Jains, and Sikhs.
- Indian Succession Act, 1925: For Christians and Parsis.
- Muslim Personal Law: For Muslims.
What Are The Steps To Claim Ancestral Property ?
- Obtain a Legal Heir Certificate: This document is essential to establish rightful ownership and is issued by local authorities such as the Tehsildar.
- Probate Application: If the deceased left a will, NRIs must apply for probate to legally manage and distribute the estate.
- Property Title Transfer: Update land records and municipal documents through the local revenue office to transfer the property title.
- Partition of Property: If there are disputes, NRIs can file a lawsuit for partitioning the ancestral property. This may involve issuing a notice to the other heirs.
- Power of Attorney: If unable to travel to India, NRIs can grant Power of Attorney to a trusted relative to handle the process on their behalf.
- Tax Implications: Inheritance itself does not incur tax, but rental income or capital gains from selling the property may be taxable. NRIs should also check tax obligations in their country of residence.
- Legal Assistance: Engaging a property lawyer experienced in NRI matters can help navigate the complexities of Indian property laws and ensure compliance with all legal requirements.0
In conclusion, claiming ancestral property in India as an NRI involves a series of legal and procedural steps that require careful attention to detail. Understanding the laws surrounding inheritance, obtaining the necessary documents like the will, death certificate, and legal heir certificate, and knowing the procedure for mutation of property in the local records are crucial.
