Death of one of owner

pankaj kumar garg (Querist) 08 March 2019 This query is : Resolved
Dear Sir
i brought a house in the name of my and wife name , she subsequently died , now i want to sale the flat , we have two children now both are adult, i want to know
1. can we three able to sale the flat by going into the agreement and take money equally.
2. since my wife died without well , do we need any certificate

or we have to do any other formality , please suggest

with regards

pankaj

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Guest (Expert) 08 March 2019
First obtain the Legal Heir Certificate for your deceased wife.

kavksatyanarayana (Expert) 08 March 2019
Yes. First obtain the Legal heir Certificate of your wife and as well as death certificate.

NANDKUMAR B SAWANT (Expert) 09 March 2019
Sir you file a civil suit for succession certificate mentioning factsand affidavit enclosing death certificate.court will for any objections by publishing notice in news paper and if no objections then issue certificate.same you can send to all concerned.good luck

H.M.Patnaik (Expert) 09 March 2019
From your post, it is presumed that your only concern is disposal of the property in joint holding.So, You can approach the jurisdictional Tehsil office and apply for Legal heir certificate attaching copy if her death certificate.The Legal heirs named in the Certificate are eligible to effect transfer of self-acquired property on behalf of your wife.

pankaj kumar garg (Querist) 09 March 2019
Dear Sir
i think Legal heir Certificate will take more then one year .... is any other way since both children are adult

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