under joint property surviving owner becomes the sole owner
Waseem
(Querist) 25 April 2011
This query is : Resolved
Sir,
a flat was purchased in 1998 by husband and wife jointly and severally in both of their names, wherein no biforcation of shares in the agreement was given and also tht it was a jointly owned, self acquired property. in 2003 the husband expired. in 2004 the society has transfered the share certificate solely in the name of wife which was not under any objection since last 8 years.however during the lifetime of husband his elder son started living with them and that he was also appointed as nominee.but now after the death of his father and also sucha long span of years, he has thrown his mother out of her own house and is claiming rights in that flat. Now the question here is,
1. whether in joint ownership property the surviving owner becomes the sole owner of the property,
2. what is the quick remedy in case where the owner is dispossed from her own house and someone else is residing there.
3. under what provision of law the surviving owner becomes the sole owner of the jointownership property
4. does sec.44 of Transfer of property applies in this matter.
5. can a nominee claim his ownership.
6. any other remedy and judgements in the favour of surviving owner
M.Sheik Mohammed Ali
(Expert) 25 April 2011
you can file injunction case against him, whether he is married or not ?
