Joint account Home property with minor after Demised wife.

Anonymous

Replied 5 years ago

One 26 meter independent DDA Flat property registered as Joint share in the name of Mine and my wife with State Bank loan, My wife has been demised on Sep 2016, I am having two minor kids 12 year son and 6 year Daughter, I have Survival member Certificate with me,

Now, I want to sell this house because it is so small for my kids and parents, after selling this will buy a 2BHK Floor for favoring of my kids and parents.

My Query is : Can I sell after modified in mutation my name ? Please Advise

Deepak Yashwantrao Bade

Replied 5 years ago

After mutation of that property if you become absolute owner with clear title then no one can prevent you .

Anonymous

Replied 5 years ago

Okay, means In this case no required to take Letter of administration or Court Permission for sale ?

Anonymous

Replied 5 years ago

One 26 meter independent DDA ( Delhi Development Authority ) Flat property registered as Joint share in the name of Mine and my wife with State Bank loan in, My wife has been demised on Sep 2016, I am having two minor kids 12 year son and 6 year Daughter, I have Survival member Certificate with me,

Now, I want to sell this house because it is so small for my kids and parents, after selling this will buy a 2BHK Floor for favoring of my kids and parents.

My Query is : Can I sell after modified in mutation my name ? Please Advise

ROBERT D ROZARIO

Replied 5 years ago

since the property is in the joint ownership, after your wife's demise her 50% share in the property gets devolved into three equal ratio among you (husband) and two children. Now if you sell the property you will be earning profit. So when you invest in a new property you should include your legal heirs as buyers. However its your choice whether to include or exclude them.

ROBERT D ROZARIO

Replied 5 years ago

when you apply for succession certificate or legal heir certificate court will definitely see that the rights and interest of your children are protected and pass the certificate accordingly.

Anonymous

Replied 5 years ago

if I become absolute owner in mutation of that property with clear title then Can I sell ??

or required to apply in the court for Letter of Administration or Succession certificate for sell ??

I want buy Immediately a 2BHK Floor ,after selling existing property for welfare of my kids and parents.

ROBERT D ROZARIO

Replied 5 years ago

Generally Declaration Affidavit of legal heirs or Legal Certificate issued by the Govt. Authority is enough to mute the name of present owner.

Letter of Administration is necessary where there is a valid will with no executor. Upon death of a person or leaving his/her property without assigning any legal heirs for that property will arise the question who will be the owner for that property.

Succession certificate is not required in case of immovable property.

Anonymous

Replied 5 years ago

Thanks for your detailed Answer,
Sorry Sir, Little bit confusion between Legal certificate and Letter of Administration.
My wife was cancer patient since long time, I never said to write to will because I was encouraging to her about life, so she did not left any will, She was only child from her late Parents, She was alone in her life, Cousins support to her for study. She left behind 2 minor kids. I am the natural Guardian (Father) of 2 minors.

I tried to understand that legal certificate issued by the Govt. will be sufficient to sell my property to welfare my kids. Isn't it ??

ROBERT D ROZARIO

Replied 5 years ago

yes

Anonymous

Replied 5 years ago

Very very Thanks for your valuable advise Mr Robert. I am in Delhi, so I'll try to update the mutation.

Anonymous

Replied 5 years ago

My wife was house wife she was not working, we have joint share in property, now She has been Demised on Sep 2016.

Vishwabandhu

Replied 5 years ago

Consult me through vidhikarya

Anonymous

Replied 5 years ago

Thanks for your valuable response.