Purchase of residential house jointly
Querist :
Anonymous
(Querist) 18 August 2021
This query is : Resolved
Dear Expert,
I want to purchase residential house property ,but because my mother is in bank she will get house loan easily and at lower rate of interest than others ,so i want to buy property jointly with my mother so now question is that if i bought the property jointly and if my mother died in future so can by brother has right in property or i will become the absolute owner of the property.
Advocate Bhartesh goyal
(Expert) 18 August 2021
If you purchase property jointly with your mother and after purchase of property if she dies in that case your mother's all legal heirs will be equally entitled to get share from her share in joint property .
kavksatyanarayana
(Expert) 18 August 2021
Yes. I agree with the expert advice of Mr. Bhartesh goyal sir.
Pradipta Nath
(Expert) 19 August 2021
Since you and your mother both will purchase, you cannot become the absolute owner. Your brother have right to claim over it.
P. Venu
(Expert) 19 August 2021
Yes, your siblings are legal heirs to the mother's property left intestate. However, if your mother willing, she can execute a Will in your favour or even execute a gift deed, once the loan account is closed..
K Rajasekharan
(Expert) 19 August 2021
The best practical solution for you is to purchase the property as a joint property in your and your mother’s name for getting some bank loan advantages.
After purchasing the property, you may request her to execute a Will in your favour in regard to her share in the property so as to prevent your brother from claiming anything on it after she dies.
A Will can be prepared even in a white sheet of paper by signing it by her before two young attesting witnesses.
You can keep it safely without anyone’s knowledge and use it after her death. Then the property as a whole will become your own.
K Rajasekharan
(Expert) 19 August 2021
The best practical solution for you is to purchase the property as a joint property in your and your mother’s name for getting some bank loan advantages.
After purchasing the property, you may request her to execute a Will in your favour in regard to her share in the property so as to prevent your brother from claiming anything on it after she dies.
A Will can be prepared even in a white sheet of paper by signing it by her before two young attesting witnesses.
You can keep it safely without anyone’s knowledge and use it after her death. Then the property as a whole will become your own.
Dr J C Vashista
(Expert) 20 August 2021
The property purchased in joint name her share will devolve upon all Legal Representatives of deceased (mother in the instant case)
Querist :
Anonymous
(Querist) 25 August 2021
Dear K Rajasekharan Sir,
Recently i come to know that even if you created Registered will one need to obtain succession certificate then only the property will transfer.
