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Procedure of sale of Joint ownership of property
13-Aug-2023 (In Property Law)
I, jointly with my wife, own a flat in Kochi, Kerala. My wife expired recently. Now I would like to sell the flat. There is no will executed by either of us. My wife had no independent source of income. We have a daughter who is married anf settled. The deed of sale is silent on death of a part-owner. Kindly advice the procedure involved in the sale of the property.
After the demise of wife her right over the property goes to her legal heirs - husband and childrens. If you want to sell the flat then they also be a party in the sale deed .Other wise the absolute ownership of the property is not transferred to buyer. Or other wise your mother execute a power of attorney to sell her share or relinquishment deed in favour of you.
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Adv. Ajay NS
Ernakulam | 200+ Answers
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How do I stop a joint property sale?
How to win a partition action. You can win a partition action if you want to sell your property. Either you get a court order or you force a voluntary sale. You can stop a sale by buying out the other owners or convincing them to stop the partition.
Can a family owned property be sold without one members consent?
If you jointly own a property with your father, he cannot sell it (whether to a daughter or son). When the property is owned jointly, both owners are usually required to participate in the selling process. In the event of a dispute in the property, it may end up before a court.
Can I sell my share in a co owned property without the other owner's permission?
When the shares of co-owners have been stated specifically in the sale agreement, a co owner can sell their part without the consent of another co-owner. If the share isnt stated, a co-owner must ask the consent of the other before selling.
Can a joint property be sold without partition?
Although there is no law prohibiting the sale of an undivided share in a joint property, the buyer who does not physically partition the property cannot take possession.
The wife's share in the property is jointly vested in legal heirs and it cannot be said that husband alone has a claim on the said property being the joint holder or that the deceased had no independent source of income. In my considered opinion, it is too late to think over the latter aspect
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Adv. P Venu
Vaikom | 500+ Answers
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Since undivided half right in the flat is in the name of your wife, that rights will be devolved upon her legal heirs which includes you and children (Share of right for each legal heir varies based on your religion). So for the sale of the same, you have to obtain legal heirship certificate from the Taluk Office and then all the legal heirs need to sign in that sale deed.
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36+
Adv. Nelson Joseph
Kochi | 100+ 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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