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Ankit Asrani   29 July 2019

Transfer of property of share on Wife's death

Hi, I have one minor child of age 5. Recently 6 months back my wife passed away due to cardiac arrest. Me and my wife have purchased a property 2 years back with both of our names registered on it. Since we both were working and we were able to afford the house, now i want to sell this house as i am unable to pay the EMIs. Can i sell this property? Or my minor child has become the 50% share partner in this and i can not sell it unless she becomes major. Request your answer to help me out. Regards, Ankit


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 4 Replies

kavksatyanarayana (subregistrar/supdt.(retired))     29 July 2019

Ji, you and your wife are the owners of the property and no property is in the name of your minor children. so you may sell the property.  But it is advisable to execute the sale deed on behalf of minor child as guardian.

1 Like

Shashi Dhara   30 July 2019

Ur wife share is1/2only it is divide minor child will get 1/4th only as minor gaurdian u can sell it for her benifit.

Ankit Asrani   31 July 2019

Dear Sir, 

Thanks for your reply!

Can I directly go and sell this property or should I have to take a permission from any court? What things I need to take care before starting the procedure of selling this house. 

Regards,

Ankit

Shashi Dhara   31 July 2019

As father u r natural gaurdian so court permission is not necessary.

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