Requirement of court order for sale of property

piyush (Querist) 03 July 2024 This query is : Resolved
Does a Wife of deceased husband need court order for sale of Jointly held property. Co-Housing Society has already endorsed name of Nominee /legal Heir on share certificate .
wife has one Son (major ) and one daughter (Minor ). please Help.

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A wife who jointly owns property with her deceased husband generally cannot sell the entire property outright, even if she is a nominee. The deceased husband's share devolves to all legal heirs, including children. If there are minor children, court permission is essential to sell their share of the property. While a buyer might proceed without this permission, the minor could later contest the sale upon reaching adulthood.

T. Kalaiselvan, Advocate (Expert) 03 July 2024
The share of deceased husband in the property devolves on all his legal heirs which includes his children and wife, mother (if alive), hence the wife even though she is a joint owner and a nominee, she cannot become an absolute owner of the entire property with clear and marketable title. Hence she has to get a registered release deed from other legal heirs of her deceased husband relinquishing their rights in the proeprty. In this case there is a minor child having a right in her father's share in the property, hence court permission to sell her share in the property has to be obtained before selling her share of property.

kavksatyanarayana (Expert) 03 July 2024
Yes. Very well analyzed by Sri T,Kalaiselvan sir.

Advocate Bhartesh goyal (Expert) 04 July 2024
Yes, since deceased husband's property rights devolved to his wife and children and and since deceased's daughter is minor so to sell the minors share in property courts permission is essential.

piyush (Querist) 04 July 2024
Thanks for the reply .

T. Kalaiselvan, Advocate (Expert) 07 July 2024
You are welcome..........

P. Venu (Expert) 23 July 2024
Is the mother of your husband alive? If so, she also has a share in the property.

If not, the property is absolutely is vested with you and the children.
The buyer willing, minors property could be sold even in the absence of the Court's permission. However, the minor has the option to repudiate the transaction, within the period of limitation, once he or she attains majority.

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