divs (na) 02 July 2010

joint ownership in property

Hi,
I was reading an article and it seems that there are different categories in joint ownership as well. https://economictimes.indiatimes.com/Features/Financial-Times/Joint-ownership-of-property-/articleshow/4167937.cms?curpg=1

If properties are held jointly by husband and wife, incase of death of one of the spouse, I would like to have following queries answered.

1) Now what will be the procedure of transfer of ownership?
2) Does my case fall in "Joint Ownership - Tenancy by entirety"?

3) What should I look for in property papers to confirm that joint ownership falls under "Tenancy by entirety"?

4) Where can I find the law supporting "Tenancy by entirety"? The government authorities are not aware of the laws and ask me to bring NOC from other legals heirs, is it required?

I am a senior citizen and pensioner. Due to lack of proper information on these matters, government offices are also misguiding.

Thanks for help.

Divs

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4 Replies

adv. rajeev ( rajoo ) (practicing advocate) 02 July 2010

If the property is jointly owner by husband and wife and one of the spouse died then the succession opens. The legal heirs of the deceased will have a right over the property along with living joint owner of the property.

divs (na) 02 July 2010

Hi,

Thanks for your reply.

However, Your statement seems to be in conflict with the article's passage on "Tenancy by entirety". According to which, it automatically devolves to surviving co-owner incase of husband and wife. It seems to be suggesting "right of suvivorship" over the property?????

Tenancy by entirety

"There can be also be a tenancy by entirety. This type of co-ownership is exclusively for a husband and wife. Tenancy by the entirety provides the right of survivorship. To exist, tenancy by entirety requires the two co-owners to be married."

Please clarify.

Thanks,

Divs

divs (na) 02 July 2010

The article was published in Economic Times and Times of India.

divs (na) 05 July 2010

Any thoughts???

Originally posted by :divs
"	Hi, I was reading an article and it seems that there are different categories in joint ownership as well. https://economictimes.indiatimes.com/Features/Financial-Times/Joint-ownership-of-property-/articleshow/4167937.cms?curpg=1 If properties are held jointly by husband and wife, incase of death of one of the spouse, I would like to have following queries answered. 1) Now what will be the procedure of transfer of ownership? 2) Does my case fall in "Joint Ownership - Tenancy by entirety"? 3) What should I look for in property papers to confirm that joint ownership falls under "Tenancy by entirety"? 4) Where can I find the law supporting "Tenancy by entirety"? The government authorities are not aware of the laws and ask me to bring NOC from other legals heirs, is it required? I am a senior citizen and pensioner. Due to lack of proper information on these matters, government offices are also misguiding. Thanks for help. Divs	"

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