Sell of property
Neha
(Querist) 03 June 2016
This query is : Resolved
The property was in the name of both husband and wife. Husband has expired so can the wife sell the property? or does it require the property to be transferred in wife's name first? Hindu law applies. Property is a residential flat in Lucknow (Uttar Pradesh). No will or nomination made by husband.
Kumar Doab
(Expert) 03 June 2016
Which personal law applies e.g; Hindu?
Has husband left any WILL?
Is it agricultural land, urban, Flat in Co-OP Society?
The property is in which state?
Has husband made any valid nomination?
etc
Post full facts.
Neha
(Querist) 03 June 2016
Yes, Hindu Law applies. No will left. It is a residential flat in Lucknow (Uttar Pradesh). No nomination made
Kumar Doab
(Expert) 03 June 2016
You have modified the query.
The share of deceased Hindu Male shall devolve equally upon ClassI legal heirs i.e. Mother, wife, sons, daughters.
Inquire from authority under whose jurisdiction the property falls.
Submit the death certificate and legal heir affidavit/certificate to authority.
All other can relinquish their share in favor of wife of deceased husband and make her owner of full share.
Rajendra K Goyal
(Expert) 09 June 2016
The share of husband would be inherited by all Ist class legal heirs. If the children are minor, court permission is required to sell their portion / share.
