Sell of agricultural land
Querist :
Anonymous
(Querist) 16 December 2019
This query is : Resolved
Property owner is no more,property owner's wife is alive,having 3 daughter,and 1 son.
In a medical emergency wife want to sell a particular plot out of Total,All the legal heirs are living in distance places,and can't attend at the time of registration,How can it be sold by wife of the deceased?.
SHIRISH PAWAR, 7738990900
(Expert) 16 December 2019
Dear Sir,
You have to get the legal heirship certificate from court. Thereafter legal heirs can sale the property of deceased. Wife cannot sale property without others consent.
Regards,
Shailesh Kumar Shah
(Expert) 16 December 2019
Wife of the deceased can't sell the property alone. Do the following:
1. Take legal heir certificate;
2. Ask for the registered power of attorney of other legal heir other than wife of deceased.
kavksatyanarayana
(Expert) 16 December 2019
All other legal heirs shall give POA (special) to the wife of deceased at their places and the POS shall be validated by the Collector under the Indian Stamp Act. Then the wife of the deceased can sell the property.
Raj Kumar Makkad
(Expert) 16 December 2019
I do endorse the advice of kavyasatyanarayan and Shailesh.
T. Kalaiselvan, Advocate
(Expert) 30 December 2019
The property that belonged to her deceased husband devolved upon his legal heirs consisting his wife and children equally.
The wife cannot sell the property individually since there are four other shareholders in it.
They may execute a registered POA deed in hr favor by which she can sel the property on their behalf too.
Dr J C Vashista
(Expert) 30 December 2019
Whether the deceased was a Hindu, Muslim / Christian or professing any other religion ?
In terms of Hindu Succession (amendment) Act, 2005 the property shall devolve upon wife with all children equally.
Prima facie it is an academic question paper.
What is your locus standi / concern Mr./Ms Anonymous ?