Illegal transfers or mutation are a basic form of all property disputes that NRIs are faced with, and hence we have seen growth in Civil Lawsuit in India. You would always need to establish a clear title to stake your ownership. You would also need to change the ownership of the said piece of land or house in the name of the current living legal owners to avoid any fraud. Moreover, in case any fraud takes place, there needs to be clarity on the title to contest the case.
In India, the transfer is not an automatic process but often a time-consuming process under the law. If it is not done, then given the rampant land grabbing in India, in the absence of an updated title, it is assumed that the particular property is abandoned. The lack of action causes various property issues which give rise to a need for legal action such as filing of Civil Lawsuit in India.
There are different ways that a transfer can take place. Inheritance through a Will document or the law of natural succession in the absence of Will is two basic ways. In the latter case, inheritance is of class I legal heirs under the succession laws in India.