Suman Sadhukhan 19 September 2020
Mrs. Y the wife of Mr. X has the warison certificate in her name against a property owned by Mr. X. All records i.e property deed, mutation, RoR etc. are in the name of Mr. X. Now, Mr. X is died and Mrs. Y wishes to sell the said property. What is the legal validity that Mrs. Y has the right to sell the property by means of the said warisan certificate?
Dr J C Vashista (Advocate) 20 September 2020
Is there any other legal representative of deceased i.e., surviving member /waris ?
If so, he/ she /they shall also have his / her /their share with Y.
G.L.N. Prasad (Retired employee.) 20 September 2020
A simple legal heir certificate is not a valid title deed. There may be other co-sharers and the procedure followed for mutating the property in the name of Mrs.Y after the death of X, the other legal heirs of X etc., decide the title. When X is having several legal heirs, Mrs.Y at the most can only become a cosharer and not absolute owner with such rights to sell the property, without dividing such properties into metes and bounds through settlement deed as such.
A. A. JOSE (LAWYER; LEGAL ADVISER/CONSULTANT& TRAINER) 21 September 2020
Whether Y is the sole legal heir of X? State all facts please.
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