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N Omprakash   20 September 2024

Joint property

Sir/s, In a Sale deed in the joint name of Husband and Wife, Husband died. Can Wife sell the full property.


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 5 Replies

T. Kalaiselvan, Advocate (Advocate)     20 September 2024

The wife is a joint owner of the property along with her husband.

She is entitled to her half share in the property and in the other half of the property, as one of the legal heirs of her husband, she will be entitled for a share out of her husband's share in the property along with other legal heirs, therefore she cannot sell the entire property, she can sell only her undivided share in the property provided there is a buyer to buy her undivided share in the property.

 

kavksatyanarayana (subregistrar/supdt.(retired))     20 September 2024

The wife can sell her 1/2 share in the property, but for her husband's share, all the legal heirs including the wife have equal rights over the share of her husband.

Dr. J C Vashista (Advocate )     21 September 2024

There are two parts of answer to the facts posted.

Wife owns 1/2 of the property which she is entitled to dispose.

Remaining 1/2 share of deceased husband shall be inherited by all his LRs, if property is intestate. 

N Omprakash   21 September 2024

Thank you, sirs

Dr. J C Vashista (Advocate )     22 September 2024

You are most welcome for understanding and acknowledging.


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