Is legal heir certificate required to sell property after sister's death?

My sister is expired without kids and husband left her in 1 day after marriage. After 3moths both families sit as a meeting and made an agreement mutually for parting in a white paper. He got married with another women and have 2 boy kids aged 20&18. I want to sell my house which is in my father's ( expired ) name. Is it necessary to get a legal heir from court before selling or a No objection in a Stamp paper from her husband is enough to avoid future problems?

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A M Iktear Uddin (Anik)
Advocate A M Iktear Uddin (anik) Answered: 02 Jan 2025

Always, a legal heir certificate would be obtained for the sale of the property because your father has expired. This would list out all the legal heirs and their rights over the property so that disputes may not crop up later on. It is quite enough if you obtain a No Objection Certificate from your sister's husband, but you will not be protected legally if other heirs or claims arise in the future. So getting a legal heir certificate from the court will be more clear while selling the property and will be saved against any possible legal challenge later.

Admin
Advocate By LEAD INDIA Answered: 01 Jan 2025

Sir, a husband has no rights over his wife's property. You do not require any legal heirship from your husband for the property, you are the absolute owner of your father's property. It is advised to consult an expert lawyer who will assist you with the best course of action. For further legal assistance contact us on our helpline number

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