Property rights in case of a joint ownership

Querist : Anonymous (Querist) 05 December 2011 This query is : Resolved
Hello all,

I have a house whoose ownership was jointly held by me and my brother. He expired recently. Will all the property rights come to me or I need to do something about it. This property was a self earned property which was purchased by BDA by us. My brother has not left any will, so I am trying to find out if I get the rights automatically or I need to something regarding this. My brother was not married and I am also not married. My mother is alive and I have another younger brother also. Any advise in this regard is highly appreciated.

Thanks and Regards,

Shruti

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ajay sethi (Expert) 05 December 2011
your brother share in property will be inherited by his legal heirs namely your mother , brothers .

you will need a succession certificate since your brother died intestate

Devajyoti Barman (Expert) 05 December 2011
Yes since his name was there in the title deed his half share would devolve upon his death on his class-I heirs.
If there is no class-I heir then only you being a class-II heir may get his share

prabhakar singh (Expert) 05 December 2011
Since the property was in joint name of you and him with a share 1/2 and 1/2.

And since he has died intestate,on his death the property has already devolved legally upon his mother.At present only his mother is the only class I legal heir none else. Neither you nor your other brother have right to succession on his 1/2 only your mother is his heir,i repeat.so get mutation done in her name.

Rajeev Kumar (Expert) 05 December 2011
Agree with ld. experts

Querist : Anonymous (Querist) 05 December 2011
Thank you everyone for all of your suggestions.

Is my mother the only legal heir for my brother who died. What about my other brother. Doesn't he have any rights. I have no problem in obtaining the reqlinquishment deed from him also.

But I want to know so that I don't have any problems in selling the property. So I wanted to make sure that there is no issue while I actually sell the property. There are no disputes in the family to get the relinquishment, but I wanted to know the process.

Shruti

Devajyoti Barman (Expert) 05 December 2011
First mention the legal heirs left by your deceased brother.

Querist : Anonymous (Querist) 06 December 2011
My brother has left behind
1. Mother
2. Sister
3. Brother

Sailesh Kumar Shah (Expert) 06 December 2011
Since no right of your brother, so no need of relinquishment deed from him.

Now, rights of property in the name of you and your mother only.

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