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Posted Tue, 27 Jun 2023 14:24:43 GMT by Umesh Gohil
Dear Sir

Title number BM114112

The above property has a restriction  and was jointly held by her husband. The property was transferred to her . She wants to sale the property. There is a restriction . Can she sale the property OR does she need a Probate for her husband so that the restrictions is removed and the property can then be sold

Many Thanks
Posted Tue, 27 Jun 2023 14:49:07 GMT by Adam Hookway
Umesh - she can sell the property but she needs to deal with the restriction. Probate is not required as the legal ownership passed to her on his death and did not form part of his estate.
If she is now the sole legal and beneficial owner she can cancel the restriction - see PG 6 section 7 or
She can transfer it by following the guidance in PG 21 section 6
The second option is 'quicker' as part of the selling/buying process and not a separate application 

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