Death of wife
Kirankumar
(Querist) 21 January 2012
This query is : Resolved
Husband and wife purchased flat in joint name, afterward wife died, agreement to sale was executed by both, Now, husband has obtained death certificate of wife and asking to execute possession / deed of apartment in his favor as his wife died, who was one of the joint owner.
In this situation, which precautions should be taken?
1) can builder execute deed of apartment in his favour by attaching death certificate ?
or,
2) more legal things /procedure / complience should be followed or complied for the same.
Please let me know, comprehensive legal opinion in this regard.
Thanking you.
Advocate. Arunagiri
(Expert) 21 January 2012
How much advance was paid a the time of agreement?
What is the balance amount paid after the death of the wife?
What is the total value of the property?
prabhakar singh
(Expert) 21 January 2012
The builder should ascertain about the legal heirs of the deceased wife,husband is one among them if children were born all of them would be heirs.The husband should be asked to get issued a legal heir certificate duly issued by DM/SDM/TEHSILDAR.
Raj Kumar Makkad
(Expert) 21 January 2012
The query raieed by Arunagiri seems not relevant with the matter in question.
Anyway, if the deceased has left her husband as the sole legal heir then there is no need to obtain any other document from the husband except death certificate and a duly sworn affidavit/indemnity bond to the effect that he is the sole legal heir and shall be responsible for any loss to the builder in future due to inheritance in his favour qua his deceased wife but if the deceased had left more than one legal heirs then it is better to obtain succession certificate of the deceased from proper court of law.
M/s. Y-not legal services
(Expert) 22 January 2012
yes. am agree with makkad sir.,
husband is entitled to 50% only.. if any other legal heirs avail mean they have to agree for this sale.
-tom-
Sailesh Kumar Shah
(Expert) 22 January 2012
all legal heirs of the deceased wife have right to execute deed of apartment with Husband.
V R SHROFF
(Expert) 22 January 2012
go for Family settlement
