Legal Question in Real Estate Law in India
I and my wife joint owner of a Private Residential Flat (in a private housing complex).Recently my wife died. I would like to make a will stating my Flat to be handover to my sons after my death.
As my wife is no more, do I need to submit the death certificate of my wife to the court or I can make the will without it?
Please let me know what is the legal procedure to do that?
4 Answers from Attorneys
once she is no more, u may execute the will.
You can write a will for your share in the property including the share you are entitled in your wife's portion. No need to approach court for this purpose.
The procedure is simple as you are 1/3rd share holder in the 50% share of your wife portion besides your two sons who are automatically becomes 1/3rd owner each in there mothers share. You can will your 50% with 1/3rd which you have got after the demise of your wife to your sons.No need for you to go to Court.
No need to go to court to make a Will.
A Will properly made and registered in registration office may be sufficient.
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