Joint ownership of land

Querist : Anonymous (Querist) 21 October 2017 This query is : Resolved
My mother and her sister bought a land on a single deed with equal rights on the land. Her sister constructed a house on a portion of land. Now her sister and her husband expired without any son or daughter or a will. What are the rights of my mother regarding the land and the house?

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Vijay Raj Mahajan (Expert) 21 October 2017
Religion of parties not mentioned.
Details of all other relatives of both the deceased sister and her husband not mentioned.

Querist : Anonymous (Querist) 21 October 2017
Her husband has three brothers and my mother's other sister and brother have no interest on that land. Religion Hindu. The property is jointly owned in the name of my mother and her sister.

Querist : Anonymous (Querist) 21 October 2017
The shares or the area of the land owned by each party is not mentioned.It says both have equal rights on the land.

Dr J C Vashista (Expert) 22 October 2017
No reply for an anonymous author.

Vijay Raj Mahajan (Expert) 22 October 2017
According to the Hindu Succession Act,1956 Section 15, The property of a female Hindu dying intestate (without making a Will) shall devolve , in this particular case to sub section 1(b) upon the heirs of the husband, as she/deceased female neither had any children nor her husband is alive. If case those heirs of husband give no objection in favour of your mother who is covered under the category sub section 1(d) the heirs of the father of the female; than her portion of land can be got transferred in the name of your mother.

vijaymahajan5758@gmail.com

Rajendra K Goyal (Expert) 22 October 2017
No advice from me to an author who is anonymous.

You can post the query in fresh thread with your identity and material facts.

Ms.Usha Kapoor (Expert) 23 October 2017
According to law of Joint ownership or co ownership of two persons if one of them dies intestate according to law of survivorship both the house and land passes to his surviving co owner.Since your mother is the only surviving coowner the remaining 50% share of deceased coowner passes to the other Joint owner qua your mother with full ownership rights to the entire land and house.

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