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Author Topic: Will husband gets 100% ownership on a property after death of his wife.  (Read 1714 times)

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Offline johnpaulmca

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20 years back my mother purchased a house on her name from her own savings on salary via registered sale deed. In that house, she survived with my father. A year back, she died in an accident.

The sale deed doesn't have any information on how the property should be partitioned among my father, my sister and me (after her death).

Can my father "sell the house" or "write a will on someone's name" without my sister's signature and my signature.

Offline Advocate M.Bhadra

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You have equal share i.e. 1/3 each in undivided nature of property. So your father can sell only 1/3 share of property without your consent to anybody, but you have pre-emption right to purchase the share.



M.Bhadra,advocate at Kolkata,9836589246

Offline johnpaulmca

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Dear Sir, Thanks for your suggestions...

Till now partition did not happen between my father, me and my sister.
Without partitioning can my father "sell his portion the house" or "write a will on someone's name" without my sister's signature and my signature.

Offline saravanan.s

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you,your sister and your father are all class 1 legal heirs of your mother.so you all will get equal share in the property.if your father wants to sell or gift his share in the property to someone first he needs to mutate his share in your mothers property on his name.

 

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