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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?



 3 Replies

Dr J C Vashista (Lawyer)     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.

A. A. JOSE (LAWYER; LEGAL ADVISER/CONSULTANT& TRAINER)     21 September 2020

Whether Y is the sole legal heir  of X?  State all facts please.


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