Whether uncle's wife legally eligible to sell uncle's property

780 votes

No if the registry is in the name of grand mother then I'm sure the property would have been just sold or transferred on the basis of Sale deed and it would have not got registered and the new owner would have not got property mutated in his name ,Therefore you have left many aspects undisclosed as in what property it is individual house,apartment,agricultural land etc??Did your Uncle got it Mutated in his name or not etc??So please categorically mention all details to get right answer.

Advocate Nishant Solanki LawRato

823 votes

As soon as the Transfer Deed was executed, if the Deed is in proper order, then your Uncle had rights over the property to sell it. When your Uncle passed away, if he has executed a Will, the property will go to the beneficiary of the will. If he died without executing a Will, i.e. intestate, then the children will have half the right over the property, if there are children, and the rest half of the property will devolve on his wife. Now, the wife cannot legally sell the property until the rights are transferred to the wife by all the heirs, i.e. the children. Or the children give an NOC for the sale of the property.

LawRato LawRato