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Can wife sell the property of deceases husband ?


02-Feb-2023 (In Property Law)
Hi Experts, One of my cousin went for Dathatha to his grand fathers brother. Recently his grand father expired. now his grandmother is with him. He wanted to know whether his grandmother has authority to sell and give the property without informing him and with out his signature. Thanks.
Answers (2)

Answer #1
595 votes
It depends on the status of the property in question as to whether the property in question was either
1) Bought by the Grandfather from his own money:
In this given case the property belongs to the person to whom the Grandfather transferred or stated in his will and in any case the adopted son has all the rights on the property if especially not barred by the directions of the Grandfather.

2) Property in question is inherited by the deceased Grandfather from his father or Grandfather:
In this case the adopted son has all the rights on the property in question.

And his mother cannot in any case or circumstance transfer this property without the valid consent of your cousin.

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Answer #2
797 votes
If the adoption is legal then the person who goes in adoption loses his rights in the properties of his natural parents but is entitled to all rights of a son in the properties of adoptive parents. Law of adoption is applicable only to Hindus.

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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