Right to sell property
Querist :
Anonymous
(Querist) 09 May 2011
This query is : Resolved
A Husband and wife has 2 sons, one is of of 55years and another is 50years old.
If a property(FLAT) is bought on a joint name of husband and wife(1st holder husband and 2nd holder wife) and if husband expires without any will, than does wife get's whole right to sell a property? OR she have to get the signature from there sons to sell the property??
R.Ramachandran
(Expert) 09 May 2011
Unless the husband has left any WILL or had Gifted the property to some one, the husband's 50% share in the property will go by way of inheritance equally amongst his legal heirs viz., his widow, and two sons.
Thus, the wife will not be in a position to sell the property without the consent of the sons.
A V Vishal
(Expert) 09 May 2011
Rightly advised by Mr RR
G. ARAVINTHAN
(Expert) 09 May 2011
Wife already having 50% share. share of deceased husband will be divided among the legal heirs.. id, between wife and two sons
M/s. Y-not legal services
(Expert) 09 May 2011
Yes am agree with mr.ramchandran. She won't get rights on full property.. She will get 4/6th share on the property. I mean already half of her share.. Then her share of the 1/3 property of her deceased husband's share..
RAJU O.F.,
(Expert) 09 May 2011
Wife of deceased person can sell the joint property, only with the consent of his legal heirs.
Querist :
Anonymous
(Querist) 10 May 2011
Dear all, THANK u for your valuable answers..
Querist :
Anonymous
(Querist) 13 May 2011
As mother is having 50% of share,so if mother gives power of attorney of a property(FLAT) to one of his son then, does he will be in a position to sell whole of the property without another sons approval??
R.Ramachandran
(Expert) 13 May 2011
Why are you forgetting that in the FLAT the other son has also got his rights? Therefore, without his consent and signature, how the whole FLAT can be sold by anybody?
Querist :
Anonymous
(Querist) 14 May 2011
ok, thank u very much Mr.R.Ramchandran.. i was in a doubt but now i m cleared..
Querist :
Anonymous
(Querist) 14 May 2011
I have some doubt regarding this case.
1)If one son "tries" to sell the property without any approval or consent, what legal actions, another son will be able to take against him.
plz suggest regarding this.
