1. wife can sell only her undivided share

2. for selling the husband's share, she will need letters of administration from the court

3. if its a flat, then no one will be interested in buying half share

4. if its a plot, then buyers will be there to buy 1/2 undivided share in plot and become co-owner

5. wife should obtain letters of administration from court to enable to sell husband's share.

6. after husband's demise, the property will go to his widow and children. All legal heirs will have to give their consent for grant of letters of administration to the wife

7. wife also has a share in the husband's 50% share as a legal heir

1. for mutating the name of wife in place of husband's share, the wife will have to file application for grant of letters of administration in High Court

2. the name will not be mutated by the revenue authorities unless the letters of administration is produced

1. Mutation is only for purpose of revenue records and it has no connection with the validity of title.

2. If your husband has died then his half share will be devolved upon his legal heirs which include you, his mother and children, if any.

3. So in presence of his other legal heirs you alone does not become the sole owner of his property and mutation is to be done in the name of all the co sharers unless they give their respective share to you by a registered dded of conveyance.

hello,

is the property agricultural? if the property was purchased by the husband in the joint name of husband and wife, after the death of the husband, the wife is the sole owner of the property and hence can transfer it.

regards

on demise of husband his share would devolve on his mother , wife , children

2) mutation of property should be done in name of legal heirs

3) then only sold by wife and other legal heirs

Dear Client,

If no child and mother of husband alive, she is sole owner and can sell the property without mutation, Legal heir certificate may required.

1. Wife can sell the property, PROVIDED all the residual legal heirs of the deceased are made CONSENTING parties with their signatures in the Sale Agreement, supported by a Indemnity Bond of the wife.

2. ELSE the wife has to get a Letter of Administration from High Court or a Succession Certificate, duly supported with all the relevant and existing documents.

Keep Smiling .... Hemant Agarwal

Dear,

Wife has right proportionate to the members of family, if in family husband, wife, and 2 sons,

then wife-50% and 1/3 of husband share.

This is my response to you:

1. Wife will have to obtain succession certificate;

2. Then the share of husband will be equally divided between wife and children;

3. If the wife wants to become whole owner, then the legal heirs will have to give their NOC;

4. This is the only legal way to do it, otherwise disputes may arise in the future.

Hello,

If some one is ready to purchase then the sale deed will be a valid one.

though it is advised that a succession certificate is obtained to avoid any legal issue in future on behalf of other legal heirs.

Regards

The share of deceased joint owner shall devolve equally on all his legal heirs.

Therefore the wife cannot transfer the entire property by sale or any other transaction.

The other legal heirs should execute a registered release deed relinquishing their rights in her favor after which she can sell the property as an absolute owner.

Yes, she can very well do that as it is already on the joint name which gives the impression as it has always been a wish to transfer the same to other if anything gets happen to the other one.

Hi

In the event of the death of the husband, a widow gets the one-eighth share (when there are children) but gets one-fourth share (if there are no children). If there is more than one wife, the share may diminish to one-sixteenth. Moreover, whatever share of the husband in property will be divided accordingly if there are children also.

It is better to complete the mutation process first then execute a sale deed.