• Death of a spouse

My wife and I purchased a piece of land in Khardi ( near thane) in Mumbai in  1997. She passed away recently. Her WILL done in June 2012  does not deal with this property specifically  as it is owned jointly by us and had a loving 38 years of marriage. I plan to dispose of the land in the next 3-4 years. What do I need to do.  We have a son who is a U.S. Citizen and has no interest in the land or the proceeds from the sale which might be anywhere from 15-25 lakhs. 

Had she included the plot in the will, would the whole will would have bee subject to probate as this property is in Mumbai.
I am nearing 66 years and would like to keep things simple. Thank you
Asked 1 year ago in Property Law from Bangalore, Karnataka
Religion: Hindu
1) there must be residuary clause in the will 

2)will executed by your wife has to be perused to advice . 
Ajay Sethi
Advocate, Mumbai
23291 Answers
1220 Consultations
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1)  Residuary Clause is a provision in a will that disposes of property not expressly disposed of by other provisions,

2) if your will was drafted by a lawyer he would have incorporated said clause in the wi
Ajay Sethi
Advocate, Mumbai
23291 Answers
1220 Consultations
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Produce the certified true copy of the Death certificate of your wife make out an application to the Tahsil office, of revenue records seeking to change the Revenue records from joint names to that of your single name. No objection of your only son may have to be attached to this application to make the transfer into your name.
This is the simplest method.
Kiran N. Murthy
Advocate, Bangalore
765 Answers
51 Consultations
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Hi, if your son don not want any right in the property then he can execute release deed so that  you are become the absolute owner of the property so that you can sell the property to anybody.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
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Hello,

1) When a person has made a Will and overlooked one of the properties, it can be covered by the Residuary Clause if there is one. Residuary Clause refers to a clause in a will that disposes of any estate property that remains after satisfaction of all other gifts.

2) The following is an example of a residuary clause in a will:

"I will, devise, bequeath and give all the rest and remainder of my property and estate of every kind and character, including, but not limited to, real and personal property in which I may have an interest at the date of my death and which is not otherwise effectively disposed of, to ..."

3) The question will arise as to What happens if her will does not have a residuary clause? The property in question will devolve on legal heirs as if she died intestate.

4) Will needs to be probated in Mumbai.

5) Your son can relinquish his right in the property in your favour and as there are no other legal heirs you can dispose of the property.
S J Mathew
Advocate, Mumbai
1950 Answers
65 Consultations
5.0 on 5.0
Since this is a jointly owned property, upon intestate death of your wife (because there is no mention about his in her Will), her share in the property wll devolve equally among all her legal heirs, fortunately you are one of the legal heirs, the other one being your son, he may relinquish his rights in the property by executing a registered release deed in your favor after which you will become the absolute owner of the property. 
T Kalaiselvan
Advocate, Vellore
14069 Answers
127 Consultations
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1. You and your son have equally inherited the share of your wife in the land as her will does not deal with it.

2. Her remaining properties would vest according to her will.

3. The will requires probate  before it can be acted upon.

4. If your son does not wish to take his share in the properties of his deceased mother he may execute a deed of relinquishment in your favour.
Ashish Davessar
Advocate, Jaipur
18158 Answers
449 Consultations
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1. The 50% share of your wife in your said land is co-owned by yourself and your son after the emise of your wife, intestate,

2. So, while selling the said property both yopu and your son shall have to sign the sale deed for which he has to come to india,

3. Alternatively, he can execute a POA in your favour  and get his signature on the POA attested by the appropriate authgority of Indian Consulate and send it to you which you shall have to get registered before the Registrar in India,

4. Once the above POA is registered, you can sell the entire land. 
Krishna Kishore Ganguly
Advocate, Kolkata
12123 Answers
231 Consultations
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