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Right of wife- after his husband's death (without will ) on property.


05-Jun-2023 (In Property Law)
If a person with wife, 2 son and 1 daughter dies without will, then, can his wife sale the property without the consent of son or can she transfer the property to one son without others consent?
Answers (2)

Answer #1
559 votes
No, in both the eventualities the consent of all 3 children have to be taken. This is because wife along with the three children are the legal hairs of this property left behind by her husband. As on date all of them have an equal share that is one fourth share in the said property and hence consent of all is necessary
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Answer #2
688 votes
if the person died without any will then his property will be divided according to the schedule 1 of hindu succession act. The wife is having only one part of the property of her late husband and rest will be divided between the sons and daughter. The wife of deceased person is not eligible to sale of the property without the consent of other legal heirs.
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