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a_roy (none)     04 March 2013

Is property shared equally if not mentioned in sale deed?

I read the draft of sale-deed of an apartment to be purchased jointly by a husband his wife from a promoter. I noticed that it is not specifically mentioned that they will own 50% of the property each (it had only been mentioned that they are purchasing the entire property with other details). My question is, if it is not clearly mentioned that they each will own 50% of the property, is it automatically implied or will the sale-deed be treated incomplete in this respect. Can problem arise due to this in future? (The couple had taken joint home-loan from a bank to purchase the property) Thanks.


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 3 Replies

Adv. Amar Dalvi (Lawyer & Legal Consultant (9920203682))     04 March 2013

In absence of specific provisions, property shall be deemed to be shared equally...

Shashikant V. Patil (Lawyer)     04 March 2013

Since you are only two purchaser jointly purchased  apartment, husband and wife are  equally sharer of the property will be taken in to account for clear and marketable title.

Rajeev Kumar (Lawyer/Advocate)     04 March 2013

Since the property is bought jointly in the name of husband and wife and there is no clear clause what percentage they both will share. In the absence of such clear clause it will be understand that both will share the property equally.

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