veerabhadram empaty (law officer) 31 January 2011
one of my client had died and he had written a will in favour of his wife bequeathing his immovable property which is unregistered. is the deceased wife is enabled to sell or gift the same and register in her legal heirs favour. if so what is the procedure to be followed.
A V Vishal (Advocate) 31 January 2011
In the query you have not mentioned whether (1). The property bequeated is self acquired or ancestral & (2). The contents of the will viz. is only a life interest is created in favor of the deceased wife or the property is absolutely bequeated in her favour. Clarify for correct advise.
veerabhadram empaty (law officer) 31 January 2011
sir the property is a self acquired one and absolutely bequeathed to her. the decesaed wife lives in hyderabad and the property is located at vizag.
A V Vishal (Advocate) 31 January 2011
is the deceased wife is enabled to sell or gift the same and register in her legal heirs favour.
Yes, the deceased wife can sell or gift the property or register the property in her legal heirs name. She has to mutate the name in the muncipal records by submitting a copy of the will & the death certificate, there after she can sell the property or gift it. However, in case of sale the vendee may ask for NOC of all the legal heirs so you may approach the Administrator General @ A P High Court for succeeding the properties of the deceased legally.
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