East Bengaluru buyer answers

What documents do you need to sell or buy an inherited flat?

Direct answer: The core inherited property sale documents are the death certificate, the will or proof of who the heirs are, the parent deed and title chain, and the khata in the heirs' names. Every heir must sign the sale or release their share by a registered deed. Probate is no longer mandatory, but buyers and banks may still ask.

Disclosure: acre&key’s advice is free to buyers.

Verify with your lawyer: this page is general information, not legal advice. Succession depends on personal law and the facts, so have a property lawyer review the documents before you sign or pay.

Key takeaways

• Every heir counts. If one heir doesn't sign or release, the buyer gets only part of the flat.
• Probate became optional when the Repealing and Amending Act 2025 removed Section 213 of the Indian Succession Act (news, Dec 2025).
• Karnataka's legal heir certificate is now issued only to kin of deceased government servants; others go to a civil court for a succession certificate, says the Bengaluru Urban district site.
• Release deeds must be registered. An unregistered letter or affidavit doesn't transfer a share.
• Our HEIRS check: heirs, evidence, inventory, release, sale-ready khata.

Selling a parent's flat, or buying one from a family, is mostly a paperwork question: who owns it now, and can they prove it? This page lists what to collect and shows how shares split. It doesn't cover tax on the sale; for that, see our capital gains page and your CA.

Who owns the flat after the owner dies?

If there's a will, the people it names, once the will is accepted. Probate, a court's certification of a will, used to be compulsory only for certain wills linked to Mumbai, Chennai and Kolkata. The Repealing and Amending Act 2025 removed Section 213 of the Indian Succession Act, so it's optional everywhere now (Indian Express, 28 Dec 2025, news). The same report notes that banks, housing societies and registrars may still prefer a probated will.

If there's no will, personal law decides. For a Hindu man who dies without a will, Section 8 of the Hindu Succession Act 1956 gives the property to Class I heirs, and Section 10 splits it: the widow, each son, each daughter and the mother take one share each. Other communities follow other laws, so ask a lawyer.

Worked example 1: how shares split

Illustrative. A father dies without a will, owning a flat worth ₹1.2 crore. His widow, son and daughter survive him, and so does his mother.

If his mother had died before him, there'd be three heirs at 1/3 each, or ₹40 lakh. A buyer needs all four signatures, or releases, to get the whole flat.

Worked example 2: one heir releases first

Same family. The daughter, who lives abroad, gives up her share to her brother by a registered release deed before the sale.

Now three people sign the sale. A release deed is a transfer of immovable property, so it has to be registered under the Registration Act 1908, and it carries stamp duty. Check the current duty for family releases on Kaveri or with your lawyer. If the daughter is abroad, she can also sign through a properly stamped power of attorney; see our NRI guide.

Which documents should you collect?

The Bengaluru Urban district site says Karnataka now issues legal heir certificates only to the kin of deceased government servants; everyone else has to get a succession certificate from their jurisdictional civil court. Which proof a buyer's lawyer or bank will accept varies, so ask early.

For the khata step, see A, B and e-khata explained and the first 90 days after buying, which covers transfers. Electricity and water names can be changed too; see our answer on BESCOM and BWSSB transfers.

The HEIRS check (our framework)

1. Heirs. List everyone who inherits, under the will or personal law.
2. Evidence. Death certificate, will or proof of heirs, accepted by the buyer's lawyer and bank.
3. Inventory. Parent deed, title chain, encumbrance certificate, approvals.
4. Release. Registered release deeds or signatures from every heir.
5. Sale-ready khata. Khata and tax records moved to the heirs before the sale.

Checklist for buyers of an inherited flat

• Family tree and list of heirs seen, and every heir accounted for
• Will checked; probate asked for if the bank wants it
• Release deeds checked as registered, not just notarised
• Title chain back to the original allotment or sale checked
• Encumbrance certificate clean, or loans to be cleared from the sale price
• Khata in the sellers' names
• All sellers present at registration, or holding valid powers of attorney

Your lawyer's title-to-OC checks still apply. The rest follows the usual buying process.

Related reading on this site: how to pull an encumbrance certificate, a gift deed within the family, and khata transfer after you buy. If an heir lives abroad, see what an OCI cardholder can buy and how much of the sale can be repatriated. A society nomination is not a will: nomination versus a will.

Legal note: this page is general information, not legal advice. Succession depends on personal law and the facts, so have a property lawyer review the documents before you sign or pay.

Frequently asked questions

Is probate needed to sell an inherited flat in Bengaluru?

Not by law any more. The Repealing and Amending Act 2025 removed Section 213, which made probate compulsory for some wills. Buyers' banks may still prefer a probated will, so ask early.

Can I sell an inherited flat if one sibling refuses to sign?

You can sell only your own share, which most buyers won't want. The usual routes are a registered release deed, a family settlement, or a partition suit in court. Talk to a lawyer.

How do I get a legal heir certificate in Karnataka?

According to the Bengaluru Urban district site, it's now issued only to the kin of deceased government servants. Others apply to the jurisdictional civil court for a succession certificate.

Does a release deed need to be registered?

Yes. A release deed transfers an interest in immovable property, so it must be registered and stamped. An unregistered letter, affidavit or NOC doesn't transfer a share.

How are shares split if there's no will?

For a Hindu man, Section 10 of the Hindu Succession Act gives one share each to the widow, each son, each daughter and his mother. Other communities follow their own personal laws.

What is the HEIRS check?

It's our five-step plan for an inherited flat: list the heirs, gather evidence, take inventory of title papers, get releases or signatures, and make the khata sale-ready.

Talk it through with acre&key

If you're selling a family flat, or buying one, we can help you sort which documents are missing before anyone pays an advance. Book a consultation with acre&key.

Lawyer note: this page is general information, not legal advice. Succession depends on personal law and the facts, so have a property lawyer review the documents before you sign or pay.

References

Checked 19 Oct 2026.

1. Indian Express, probate no longer mandatory after the Repealing and Amending Act 2025, 28 Dec 2025 (news): https://indianexpress.com/article/explained/explained-law/probate-of-will-meaning-mandatory-10443313/
2. Hindu Succession Act 1956 (India Code): https://www.indiacode.nic.in/handle/123456789/1713
3. Hindu Succession Act 1956, Section 10 (India Code): https://www.indiacode.nic.in/show-data?actid=AC_CEN_3_20_00027_195630_1517807324239&orderno=10
4. Registration Act 1908 (India Code): https://www.indiacode.nic.in/bitstream/123456789/15937/1/the_registration_act%2C1908.pdf
5. Bengaluru Urban district, Legal heir certificate: https://bengaluruurban.nic.in/en/service/legal-heir-certificate/