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Satish (farmer)     18 January 2022

Selling deceased person share of the property

My father dead 2 years ago, left no will. My mother and father bought a house together with equal share. The property current and house tax both are in my Mothers name. 

Very recently I lost my brother too, he has no children, we do not know where his wife is now.  

In these circumstances will my mother be able to sell her house? or at least shall she able to make a self dead to any one of her children?


 5 Replies

G.L.N. Prasad (Retired employee.)     18 January 2022

She can only bequeath her share in the property through gift deed or will.  Your brother's wife is also a co-sharer of her husband's share, in his father's property.

Satish (farmer)     18 January 2022

Thank you, Sir, much appreciated.

My father has written a will in my mother's name, but it was not registered due to his mobility issues. Does it help to claim his share?



Aryan Raj   18 January 2022

In response to your query,

Property held in joint tenancy by the entirety, or community property with right of survivorship automatically passes to the survivor when one of the original owners dies. Real estate, bank accounts, vehicles, and investments can all pass this way. No probate is necessary to transfer ownership of the property.

Therefore the property now belongs to your mother and she can sell the property or part of the property if she wants as it is a self acquired property and she can also make a self deed.


Aryan Raj 

1 Like

G.L.N. Prasad (Retired employee.)     18 January 2022

Your first line of the query is this: My father dead 2 years ago, left no will.


Satish (farmer)     19 January 2022

@G.L.N. Prasad, i am sorry it was a typo mistake, i mean to say 'left no reg will'. 

@Aryan Raj, Thank you sir for clarifying this to me, I have been waiting for confirmation. Even a will is not needed in our case, by default my mother gets full ownership. But my concern is does the Sub Registrar aware of this? Will he accept my mother to write a gift deed?


Kind regards,






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