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MATHEW (PROGRAMMER)     04 December 2010

Transfer of Authority to sell flat


As real estate has become a major investment and Loans are integral part of it,

following may be clarified as prcautions for risk aversion.

Can a spuse own and sell a flat which is in the sole name of the husband/wife, in case of death of husband/wife with out a will ?  If the children are minors then is there any legal problem in selling the flat for settling the loan etc. ?





 4 Replies

SALA SATEESH (lawyer)     04 December 2010

Dear Sir,

 if a will is executed accordinly either wife or husband can aleniate the property if not have to obtain the suceesion certificate as well as permission from the court for selling the property for necessities.



Darshan Panchal (Advocate)     04 December 2010

well if either of the spouses dies intestate, the other spouse after having obtained succession certificate from the competent court and after having his/her name entered in records as owner thereof certainly can dispose off the property. However, if there are minors in the family , permission under section 6 of  the Hindu minority and guardianship Act has to be obtained convincing the court that there indeed exists a legal necessity and while selling the property minor's interest is being taken care of.

dkjpushkar (no)     08 December 2010

Afte my father's death 11 years back, I got a property from my father as per his registered will. But i have not informed to co-operative society nor transfered his membership in my name. Is time limit for transfer of my father's share in my name over and  what shoud i do  now.

SACHIN AGARWAL (ADVOCATE)     09 December 2010

I do agree with Mr. Panchal but it is in case of Hindues only. If the proeprty is sold without the Court Permission, the minor child have a right to disown the sale deed within a period of one year since they attain majority and if they do not doi so, there is no problem.

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