Co owner dies leaving behind only a spouse

Adv Darshika vasani (Querist) 15 March 2019 This query is : Resolved
Husband dies leaving behind his wife. No children or other heirs. She wants to sell the flat which was in joint name of her and her husband. What procedure she needs to follow? Is getting legal heir certificate necessary ? If yes from which authority she will get legal heir cerificate? Tehsildaar or court or municipal corporation. Is there any stamp duty she needs to pay? If yes how much? And how much time it will take?

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kavksatyanarayana (Expert) 15 March 2019
If the property is self acquired of the husband and died intestate, the wife can sell the property. But she has to obtain legal heir certificate from the Tahsildar concerned.

Dr J C Vashista (Expert) 16 March 2019
I agree with expert Mr. Kavksatyanarayana, obtain LR / Succession Certificate from concerned Tehsildar/ SDM before selling property.

P. Venu (Expert) 17 March 2019
The property in the flat is vested with the legal heirs. His mother, if alive, is also a legal heir; else the wife is the sole legal heir.

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