Property

You should search the holding register of local Municipality and also ihe Sub-Registrar Office or loal Land Revenue Office.

SIr/ Madam,

I have received one querry. There is a family of mother & two children (all mature& above 21). Mother & 2nd son are joint owners of a a premise.

If in such a joint ownership,  the mother deceases away without any will or agreement. Does this imply that 2nd son is the legal owner of the premise. As per which act (which section and clause) the ownership gets tranasferred to the co-owner. (Please specify the same in detail)

Also the elder son is not intersted in the property & is ready to make an affidavit in favour of his younger brother.

Kindly advise on the same.

Rgds,

A learning prospect

what i can understand from your words is that MOTHER AND HER TWO SONS WERE CO/JOINT OWNERS OF A PROPERTY AND NOW MOTHER HAS DIED WITHOUT MAKING ANY TESTAMENTRY SUCCESSION ,SAY WILL,AND NOW ELDER BROTHER IS NOT INTERESTED IN THE PROPERTY.

YOU WANT TO KNOW HOW TO DO IT ?? CORRECT!!!

AS OF NOW PROPERTY SHALLBE DEEMED TO BE CO/JOINTLY OWNED BETWEEN TWO BROTHERS. IF MORE THAN 12 YEARS HAVE PASSED TO THE DEATH OF MOTHER THEN DRAW A MEMORANDUM DEED OF SURRENDER THAT POST TO DEATH OF MOTHER BECAME DISINTERESTED IN THE PROPERTY AND RELIQUISHING HIS RIGHTS INTHE PROPERTY IN FAVOUR OF YOUNGER BROTHER QUIT HIS DOMAIN OF PHYSICAL POSSESSION OVER PROPERTY ONCE FOR EVER AND SINCE THEN IT IS THE YOUNGER BROTHER ALONE WHO IS IN EXCLUSIVE POSSESSION OF PROPRTY AS SOLE OWNER TO THE EXCLUSION OF ONE AND ALL, BUT SINCE THE FACTS OF RELINQUISHMENT AND GIVING UP POSSESSION THOUGH AGREED AND ACTED UPON BUT HAS SINCTHEN NEVER RECORDED, AND THE TWO BROTHERS NOW WITH INTENTION TO AVOID IN DISPUTE IN FUTURE EITHER BETWEEN THEM OR AMONG THEIR HEIRS HAVE NOW RESOLVED TO  CREATE A MEMORANDUM AND HAVE ACCORDINGLY

AND THEREAFTER YOUNGER SHOULD FILE A SUIT OF INJUNCTION WHICH ELDER SHOULD COMPROMISE IN COURT WHICH WILL RESULT IN A COURT DECREE AND ALL SHALL BE LAWFULL.