Property in the joint name of father and mother
salman khan
(Querist) 12 October 2012
This query is : Resolved
father and mother have five children two son and three daughter and home is owned by both of them if the property is jointly owned by the father and mother both in equal share, and, in case one of them death due to whatsoever reason the other co-owner have right to sell this property to other?
adv. rajeev ( rajoo )
(Expert) 13 October 2012
If one of the joint holder dies then succession opens. All his/her legal heirs will get equal rights.
salman khan
(Querist) 13 October 2012
whether other joint holder could sell the property without intimating to their legal heirs?
Advocate Suneel Moudgil
(Expert) 14 October 2012
HE IS JOINT OWNER AND AS FAR AS THE PART OF DECEASED IS CONCERNED HE IS ONLY LEGAL HIER OF THAT PART AND CAN'T SELL. HE CAN ONLY SELL HIS OWN PART.
prabhakar singh
(Expert) 14 October 2012
A joint or say co-owner (when parties or other than a hindu) can sale his/her 1/2 even without consent of other co-owner or heirs of that co-owner without specifying the share area in specific as it was not partitioned.
But if one co-owner wants to sale a specified
area then consent of other co-owner or his heirs would be legally required,and their signature on deed would be best way to prove that property was partitioned between or among them.
K.K.Ganguly
(Expert) 14 October 2012
No. Co-owner has no right to sell the share of the property of the deceased Co-owner since she/he is not the sole owner of that part of the property which is now equally owned by all the heirs left behind by the deceased Co-owner including the living Co-owner.
