My husband and I bought a flat together, both our names are on the property papers. We took a loan for it. Sadly, he passed away recently in an accident. I have two daughters, and I need to sell the flat urgently. Since I’m a co-owner, can I sell the flat without my mother-in-law’s consent? She’s also a legal heir. Will there be any legal issues later if she goes to court? The buyer is willing to purchase without a succession certificate.

Apni Law
Apni Law
Law Forum › Category: Property › My husband and I bought a flat together, both our names are on the property papers. We took a loan for it. Sadly, he passed away recently in an accident. I have two daughters, and I need to sell the flat urgently. Since I’m a co-owner, can I sell the flat without my mother-in-law’s consent? She’s also a legal heir. Will there be any legal issues later if she goes to court? The buyer is willing to purchase without a succession certificate.
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Apni Law Staff asked 2 years ago

My husband and I bought a flat together, both our names are on the property papers. We took a loan for it. Sadly, he passed away recently in an accident. I have two daughters, and I need to sell the flat urgently. Since I’m a co-owner, can I sell the flat without my mother-in-law’s consent? She’s also a legal heir. Will there be any legal issues later if she goes to court? The buyer is willing to purchase without a succession certificate.

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Best Answer

Apni Law Staff answered 2 years ago

As a co-owner, you can sell your share of the property. However, your mother-in-law, as a legal heir, has a right to her share. Selling without her consent could lead to legal challenges later, even if the buyer agrees. Obtaining a succession certificate or her consent is advisable to avoid future complications.

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