Joint ownership

Dev Patel (Querist) 29 November 2013 This query is : Resolved
My relative who is widow lady has a property in joint names with his son and his wife (daughter in law).Her son expired 10 years before and so the daughter in law married with other person(second marriage)and left India and now not in any contact.
Now she(my relative) want to sell the property.what she should do?

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Devajyoti Barman (Expert) 29 November 2013
She can not sell whole of it without making her daughter in allow as joint vendor.
However if the buyer is willing she can sell her undivided half share.
She can ask for POA from her daughter in law and after selling whole of it can send her half share.

Dev Patel (Querist) 29 November 2013
but what about share of his son? who will get his share after death? his mother ?

Rajendra K Goyal (Expert) 29 November 2013
She can not sell whole share being joint owner. She should take POA of the other joint owner to sell whole of the property.

Dev Patel (Querist) 29 November 2013
I have mainly 2 questions
1.wat abt share of his son ? who have right for that? his mother ? as now his wife married with other person?
2.now daughter in law is not in contact, how to get NOC or any other documents from her?

Devajyoti Barman (Expert) 29 November 2013
1. Since your son dies before her remarriage, his share fell upon both of you in equal share.
2.Then sell your share.

Dev Patel (Querist) 29 November 2013
but daughter in law is not in contact...also the property is shop having approx. 500 sq.ft area

Devajyoti Barman (Expert) 29 November 2013
I have already replied on this point.

malipeddi jaggarao (Expert) 30 November 2013
Fully agreed with Barman. You can sell the property to the prospective buyer who risks defective title. There are some prospective buyers who buys such properties with litigation at cheaper rates. But as regards legal position Mr.Barman has clearly explained you.

Dev Patel (Querist) 30 November 2013
Thanx a lot Mr.Barman and Mr.Jaggarao for your valuable opinion.

V R SHROFF (Expert) 30 November 2013
Ler buyer publish in News Paper for Objection if any..

Other alternatives be used... if dil not traceable.

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