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Husband died in accident i am co owner can i sell flat without issue
09-Aug-2023 (In Property Law)
Hi, Me & my husband purchased flat jointly on loan( registry is with both the names).I have 2 daughters. Recently my husband has died in an accident. I want to sell the flat as I am a co-owner of flat. Can I sell the flat without consent of my mother in law as legal heir as I am in urgent need of money. As purchaser is ready to buy without sucession. 1) Can I sell the flat without my motherin laws consent & is there any complications after selling if she approach court
We need a few more details to answer this in a better way:
1. Was the property purchased by the deceased in joint name with his wife?
2. Whether the deceased executed any 'Will' in favour of his wife?.
3. Are there any other legal heirs except his wife?
If your husband left any will you can apply in the court for issuing Probate certificate and if he died without left any Will you and your children are the owner of his share of the property which is in his name & in this case you have to apply before the court for " Letter of Administration".
As per your query If the property is not partitioned you may sell your undivided share and the buyer will step into your shoes .The fact that other co owner is not available is not an impediment.
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Adv. Siddhant Sharma
Delhi | 200+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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