Joint ownership and surviorship
ganpatbhai
(Querist) 09 August 2015
This query is : Resolved
Mr.Rajesh Patel & Mrs.Barnish (Not In Blood Relation and Family Relation) Jointly Purchased An Agri.Land At Bharuch,Gujarat In Yr.1974..thr.Reg.sale Deed..In Sale Deed neither Monetary Consideration contributionNor Physical Partition had been Mentioned.In Yr.2000 Mr.Rajesh relinquish his wrights over property at all way & The mutation Entry Was certified by Mamlatdar. In Vill .Record 7-12 the name Of Mrs.Barnish Carry Out the land is under her sole possession and Sole ownership yet.Then After In yr.2002 ..Mr.Rajesh Expired …
The Lagal heires of Mr.Rajesh has issued us a notice in which they have frame some serious allegation on us..saying that the mutation entry carried out on fraud base..and asking for their ½ share of land..
We Have replied with counter notice and throw away all false allegation..
Then after they have submitted an application to Collector for taken up this Revenue Entry under revision after 15 Yrs..but yet we have not received any Letter or notice by the Govt.Dept.
After being gone through this matter I Have came to know that there are Three types of co-ownership a)Tenants in Comman
b) Joint Tenancy
c) Tenancy in Entirety
I think our Co-Ownership was felt under “Joint Tenancy” The brief Description is as Under
” The most attractive feature of joint tenancy is the right of survivorship. Upon the death of one joint tenant, his/her interest
immediately passes to the surviving joint tenants and not to the decedents estate. Joint tenants hold a single unified interest in the entire property. Each joint tenant must have equal shares in the property For e.g. B and A each hold a 50% interest. Each joint tenant may occupy the entire property subject only to the rights of the other joint tenants.
Unlike tenants in common, joint tenancy has several requirements that must be met in order to be properly created. Massachusetts law requires that in order for a joint tenancy to be created specific language must be included in the conveyance or devise. Such language includes that the grantees take the land: "jointly"; "as joint tenants"; "in joint
tenancy"; "to them and the survivor of them"; or using other language in the instrument that it was clearly intended to create an estate in joint tenancy. However, even if such language is contained in the conveying instrument, a joint tenancy may not exist. There are four additional common law requirements necessary in order to create a joint tenancy.
The four unities are
(1) Unity of time. The interests of the joint tenants must vest at the same time
(2) Unity of possession. The joint tenants must have undivided interests in the whole property, not divided interests in separate parts
(3) Unity of title. The Joint tenants must derive their interest by the same instrument (e.g. a deed or will)
(4) Unity of interest. Each joint tenant must have estates of the same type and same duration. All four unities must exist. If one unity is missing at any time during the joint tenancy, the type of co-ownership automatically changes to a tenancy in common. A joint tenancy may be created by a will or deed but may never be created by intestacy because there has to be an instrument expressing joint tenancy. A joint tenancy is freely transferable.”(Ref.The Times Of India)
My.Question are given below..
(1) Is There any Possibility that Legal Heirs of Mr.Rajesh can file civil case for Partition.after 15 yrs.?
(2) As Given above could we get the benefit Of Joint Tenancy(Benefit of Survivorship) ?
(3) What Are our Legal Defencies ..?
(4) Is This case Of Adverse Possession..?
Pl.Reply At Earliest And Obliged..
R.K Nanda
(Expert) 09 August 2015
query too long.
Rajendra K Goyal
(Expert) 10 August 2015
1. Case can be filed, relief would be decided by the court on claim decided on merits.
2 , 3, 4. Consult local lawyer and show him all the documents.
Kumar Doab
(Expert) 10 August 2015
You have posted that:
"In Yr.2000 Mr.Rajesh relinquish his wrights over property at all way & The mutation Entry Was certified by Mamlatdar."
If the relinquishment is evidenced/established/registered then merits should be on your side.
Consult an able lawyer specializing in revenue/property/civil matters and well versed with local state laws.
T. Kalaiselvan, Advocate
(Expert) 16 August 2015
1) There is no limitation for filing a partition suit.
2) Why do you infer the provisions of joint tenancy into this and on what basis?
3) You have to defend the cases on the basis of merits in your side
4) Possession adverse to whom and how long it had been under your possession?
Basically, when you have stated that the co-owner had relinquished his rights in the property in favor of the other owner, what is the necessity to invoke the provisions of joint tenancy or any other tenancy.
As rightly observed by expert Mr. Kumar Doab, if the relinquishment is evidenced/established/registered then merits should be on your side.
So dont get confused about the matter which is irrelevant to your subject.
You may discuss with your lawyer at length and proceed to defend your case.
