The first step is to check if the original owner left a Will
The second step: 7/12 extract, mutation and revenue records updation
Third step: Assess the nature of the property to see how it is governed
The fourth step: Document family property arrangements and don’t rely on oral or unregistered arrangements
After the death of the original owner of the property, can the family members still reside inside the property?
The key to fight property dispute is documentation and official records including utility bills, tax receipts
Numerous cases involving property titles, ownership disputes, partition and related issues are pending in the high courts —many of which could have been avoided if the legal heirs of the original property owners had taken timely and appropriate steps during the lifetime of the owner or after his/her death. Managing property after the death of the original owner requires a clear and structured approach.Here’s a practical guide.Manu Goenka Wable, Associate Partner at SNG & Partners, Advocates and Solicitors, talking to ET Wealth Online said that the first step is to check whether the deceased has left a Will. Though probate is now made optional, pursuant to an amendment made last year, it is prudent to get a probate if a valid Will exists to help strengthen its legal validity.If the deceased original property owner has died intestate, the legal heirs must be identified as per applicable law of succession such as the Hindu Succession Act, 1956, and a legal heirship certificate should be obtained.Wable says: “It is important to include all heirs, as omission of even one can invalidate future transactions.”According to Wable, once the legal heirs are established, the next important step is to update the statutory and revenue records (such as property cards, 7/12 extracts, or municipal records) to reflect the names of the legal heirs who have inherited an interest in the property.Wobble says: “While such mutation entries do not confer title, they are essential for administrative recognition and future dealings.”The nature of the property must also be carefully assessed, as different legal considerations apply depending on whether the property is self-acquired, ancestral, freehold, leasehold, or governed by statutory authorities such as CIDCO or MHADA.For instance, Wable points out self-acquired property can generally be disposed of freely by way of a Will, whereas ancestral property is subject to coparcenary rights, and leasehold or government-allotted properties may require prior approvals from the relevant authority.Wable says: “A failure to appreciate these distinctions is a common cause of disputes.” It is equally important to check for any encumbrances such as mortgages, since liabilities continue even after death.According to Wable, all arrangements between heirs should be properly documented through registered instruments like a Release Deed, Partition Deed, or Gift Deed. Oral or unregistered arrangements should be avoided as they are difficult to enforce.Wable says: “In case of disputes, parties should first attempt a written and registered family settlement, failing which legal remedies such as partition suits or injunctions may be pursued, supported by proper documentation.”Broadly speaking after death of the original property owner there can be three situations: (A) there is a title dispute OR (B) the property is given to someone else via Will C) There is no dispute in the family.Asha Kiran Sharma, Partner, King Stubb and Kasiva, said to ET Wealth Online that in most cases, family members who were residing in the property prior to the owner’s death, may continue to stay there until the dispute is legally resolved.If the ownership of the property is under dispute before a court, the parties generally maintain status quo until the court determines the rightful ownership. During this period, existing occupants are usually not forcibly removed unless a specific court order directs otherwise.If the property has been bequeathed to a specific individual through a valid Will, that person becomes the legal owner after the death of the executor. However, practical possession may still require legal enforcement if other family members refuse to vacate. Until a court resolves any challenge to the Will or issues possession orders, the existing occupants may continie to remain in the property temporarily.This is an ideal scenario.Wable from SNG & Partners, Advocates and Solicitors, says that in practice, most property disputes in India arise not from mala fide intent but from lack of proper documentation, misunderstanding of legal rights, and reliance on informal arrangements.In the event of a dispute, parties should first attempt to resolve the matter through a written and registered family settlement. If such efforts fail, legal remedies such as filing a partition suit or seeking an injunction to restrain unauthorized sale or transfer may be pursued.Wable says: “It is also crucial to maintain a comprehensive record of all relevant documents, including title deeds, tax receipts, correspondence, and utility bills, as these form the evidentiary basis of any claim.”Ultimately, prevention is more effective than resolution. Families are advised to ensure that clear and legally valid Wills are executed in a timely manner, property records are kept updated, and any family arrangements are formally documented and registered.Wable says: “Timely mutation and proper legal compliance can significantly reduce the likelihood of disputes and safeguard the interests of all stakeholders.”