Want to sale the plot which is in my demised wife name
3 years ago
I want to sale my plot which i bought and registered in name of my wife. But she expired recently. Now i want to sale the plot. So what is the process for that. Should i need to transfer in my name first and then able to sold. Do i need to re-register to my name . What is the whole process. Please suggest
Adv. Sarika Khude
Responded 3 years ago
A.It is legally permissible for a person to purchase immovable property in the name of his spouse from his known sources but the property will be the person purchasing the property and not of the wife/spouse in whose name title deeds exist.
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Ayantika Mondal @ Prime Legal
Responded 3 years ago
A.Hi,
According to a Delhi HC's judgement and the amended provisions of the Benami Transactions Act, it is legally permissible for a person to purchase an immovable property in the name of his spouse from his known sources but the property will be person purchasing the property and not of the wife/spouse in whose name title deeds exist.
However, you may file for file evidence of death, such as an affidavit, to show transfer of the property and can follow up the procedure for sale.
If you found this helpful, please rate us.
According to a Delhi HC's judgement and the amended provisions of the Benami Transactions Act, it is legally permissible for a person to purchase an immovable property in the name of his spouse from his known sources but the property will be person purchasing the property and not of the wife/spouse in whose name title deeds exist.
However, you may file for file evidence of death, such as an affidavit, to show transfer of the property and can follow up the procedure for sale.
If you found this helpful, please rate us.
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A.Hi,
As per the amended provisions of the Benami Transactions Act, it is legally permissible for a person to purchase an immovable property in the name of his spouse from his known sources but the property will be person purchasing the property and not of the wife/spouse in whose name title deeds exist.
You may file for file evidence of death, such as an affidavit, to show transfer of the property.
If you found this helpful, please rate us.
As per the amended provisions of the Benami Transactions Act, it is legally permissible for a person to purchase an immovable property in the name of his spouse from his known sources but the property will be person purchasing the property and not of the wife/spouse in whose name title deeds exist.
You may file for file evidence of death, such as an affidavit, to show transfer of the property.
If you found this helpful, please rate us.
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Sidhaarth
Responded 3 years ago
A.After demise of wife her property is inherited by her husband and children. So being legal heir get the property mutated in your name, only then you can be able to sell the property. For getting property mutated you shall be firstly required to obtain succession certificate or letter of administration from court of law and if your wife has left any WILL then you shall be required to obtain probate in respect of WILL.
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Advocate Niyas Fazal A
Responded 3 years ago
A.First obtain legal heirship certificate from village office and the land tax in your name. Then you can sell the property.
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