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How to sell wife's property if she died without will
04-Aug-2023 (In Property Law)
I own, jointly with my wife, a flat in Kochi, Kerala. Consequent on her sudden demise, I wish to sell the same. Neither of us have executed any will. Kindly suggest the best option available to me to transfer the ownership from JOINT to SINGLE.
Firstly, we have to read the recitals in the title deed to see if any clause mentioned in it to deal with the situation when one joint owner dies. If nothing is provided in the deed, then the law of succession applies. Her half undivided rights in the flat will devolve upon her legal heirs i.e. normally spouse and children, but it varies depends on each case and on the religion.
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Adv. Nelson Joseph
Kochi | 100+ Answers
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Any suggestion depends upon her legal heirs. Have you any children? What is the source of her funds?..... .
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Adv. P Venu
Vaikom | 500+ Answers
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