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?

Asked on 5/15/12, 8:13 am

4 Answers from Attorneys

RAJIV GUPTA (Cell: +91 9811284735) [email protected]

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once she is no more, u may execute the will.

Answered on 5/15/12, 10:39 am

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ranganathan raghavachari R.Ranganathan & Associates

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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.

Answered on 5/16/12, 6:51 pm

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Sanjay Kalra Sanjay Kalra & Associates

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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.

Answered on 5/16/12, 7:21 pm

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