Inheritance of Property in Punjab: Will, Legal Heirs and Mutation (Intkal)
After the death of a family member, their property has to be transferred to the heirs in government and bank records. How it passes depends on whether there is a will.
If there is a will
- A will must be in writing, signed by the person making it, and attested by two witnesses.
- Registering a will is optional, but a registered will is harder to challenge.
- For Hindus in Punjab, getting a will probated by a court is not compulsory.
- A will can be changed or cancelled any number of times; the last valid will applies.
If there is no will
For Hindus, Sikhs, Jains and Buddhists, the Hindu Succession Act, 1956 decides who inherits. Class I heirs, such as the widow, sons, daughters and mother, take equal shares.
Daughters have equal rights. Since the 2005 amendment, a daughter is a coparcener in ancestral property just like a son. The Supreme Court confirmed in Vineeta Sharma v. Rakesh Sharma (2020) that this right does not depend on whether the father was alive in 2005.
Mutation (Intkal) after death
- For agricultural land, apply to the Patwari/Tehsil for mutation of inheritance with the death certificate and details of all heirs (or the will).
- For urban property, apply for transfer in the records of the authority or local body (such as PUDA, GMADA or the Municipal Corporation).
- Mutation only updates the revenue record. If there is a dispute about ownership, it is decided by the civil court.
Bank deposits, shares and other debts
Where there is a nominee, the bank or company usually pays the nominee. Otherwise, a succession certificate from the civil court may be needed to collect debts and securities of the deceased.
Avoiding disputes
- A written family settlement signed by all heirs avoids future cases.
- All heirs must join when inherited property is sold, unless it has been partitioned.