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Is It Compulsory To Do Mutation Again Of Jointly Owned Property
2 years ago
Is It Compulsory To Do Mutation Again Of Jointly Owned Property If Husband Dies And The Wife Wants To Sell The Property ?? The Parents Have 2 Married Children And We Don’t Want Our Name In Property. Property Is In Palam, Gurgaon Bought In 1999.
A.Dear Client,
After the demise of the owner intestate, the ownership rights of his property automatically transferred to his legal heirs. So it isn’t necessary to get it mutated to wife’s name.
After the demise of the owner intestate, the ownership rights of his property automatically transferred to his legal heirs. So it isn’t necessary to get it mutated to wife’s name.
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A.Dear Sir,
It depends upon local laws. Normally, when the owner dies it must be transferred in the joint names of his legal heirs then only one can sell the property. You may see the procedure in the office of Sub-Registrar and accordingly you may act.
It depends upon local laws. Normally, when the owner dies it must be transferred in the joint names of his legal heirs then only one can sell the property. You may see the procedure in the office of Sub-Registrar and accordingly you may act.
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Advocate Sinjari Bandyopadhyaya
Responded 2 years ago
A.After husband's death without making and publishing any Will, his undivided half share in that property has been devolved upon his wife( widow) and two children, therefore, each of the children has one-sixth undivided share and the wife has two-third undivided share in that property so it is necessary to make Legal Heir Declaration for name substitution in the Record of Rights because the prospective buyer will likely to ask for the same.
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