Suman Sadhukhan 19 September 2020

Legal rights on warisan certificate

Mrs. Y the wife of Mr. X has the warison certificate in her name against a property owned by Mr. X. All records i.e property deed, mutation, RoR etc. are in the name of Mr. X. Now, Mr. X is died and Mrs. Y wishes to sell the said property. What is the legal validity that Mrs. Y has the right to sell the property by means of the said warisan certificate?

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Quick Summary

This discussion explores the legal validity of selling a property based solely on a Warisan certificate held by the deceased's wife. While the certificate is in her name, property records remain with the deceased husband. The key question is whether this certificate grants her the absolute right to sell, or if other legal heirs might have a claim. The advice suggests a Warisan certificate alone may not be a valid title deed, and other co-sharers could exist, impacting the wife's ability to sell without proper division.

3 Replies

Dr J C Vashista (Advocate) 20 September 2020

Is there any other legal representative of deceased i.e., surviving member /waris ?

If so, he/ she /they shall also have his / her /their share with Y.

G.L.N. Prasad (Retired employee.) 20 September 2020

A simple legal heir certificate is not a valid title deed. There may be other co-sharers and the procedure followed for mutating the property in the name of Mrs.Y after the death of X, the other legal heirs of X etc., decide the title. When X is having several legal heirs, Mrs.Y at the most can only become a cosharer and not absolute owner with such rights to sell the property, without dividing such properties into metes and bounds through settlement deed as such.