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Anindya Khatua (SELF)     31 July 2013

Heirs of a property

I am planning for buying a property a lady. The person who wants to sell the property is husband of the lady . The lady died few years ago. The couple has  adopted girl child of 14yrs. So please let me inform the following questions. The lady died without making any will.

  1. Does the husband has the right to sell the total property?
  2. Does the girl child(minor) has the right on the property?
  3. Is their any document (other than the property validation papers) necessarily required to avoid future problem of property right.
  4. What should be exact process / documentation to avoid the future legal complication may arise due the minor child who will be adult after few yrs.

Please help me out.



Learning

 3 Replies

Adv Archana Deshmukh (Practicing Advocate)     31 July 2013

The husband cannot sell the entire property of his deceased wife. The daughter too has equal share in it. The husband of the lady will have to apply for the permission of the court to sell the share of the daughter.

Anindya Khatua (SELF)     31 July 2013

Thanks madam for your reply, can you advice me what are procedure for this?

Adv Archana Deshmukh (Practicing Advocate)     31 July 2013

He will have to file an application in the civil court seeking permission to sell the property.


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