Sell Property
Soma
(Querist) 21 November 2010
This query is : Resolved
Husband and Wife purchased a flat jointly . There is no demarcation of share of each spouse. i.e. share of each is not mentioned in the sale deed.
Husband died leaving the wife and a minor daughter.
whether the daughter has any interest in the flat? what is the share if yes?
Whether the wife can sell the flat ignoring the daughter?
What the wife should do if she wishes to sell the property?
Daughter still minor.
R.Ramachandran
(Expert) 21 November 2010
In the absence of any demarcation the presumption would be that both have equal share.
After the death of the husband, both the wife and the child would have equal share.
The mother of the minor child cannot dispose of the property without obtaining the permission from the Court. For this first she should get appointed as the guardian for the child.
Kirti Kar Tripathi
(Expert) 21 November 2010
since the property is in the joint name husband and wife thus after demise of husband, the wife and daughter shall have equal rights in the share of husband i.e. 1/4 of property as such mother share shall be entitled for 3/4 share and daughter shall have 1/4 share. in case, wife wants to sell she has to obtain leave from Court showing the share of minor is is being sold for her welfare.
Devajyoti Barman
(Expert) 21 November 2010
Yes except that the mother needs to file application for leave of the court to transfer of the minor's share for which she need not be appointed as her guardian.
Sri Vijayan.A
(Expert) 22 November 2010
Minor child has the share.
The mother can sell it after getting permission from court
