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succession to property on death of a joint owner

(Querist) 01 December 2010 This query is : Resolved 
DEAR SIR,
AM THANK FUL TO THE FRATERNITY OF OUR FORUM LAWYERS FOR SHARING THEIR KNOWLEDGE AND EXP. WITH THEIR LESS FORTUNATE BROTHERS AND SISTERS.
PL. CLARIFY MY DOUBT.
THERE ARE TWO JOINT OWNERS FOR A FLAT.(AN UNMARRIED WOMAN OF 70 YEARS AND A FAMILY FRIEND OF HERS .THE WOMAN HAS TWO SISTERS AND A BROTHER WHO WERE NOT WITH HER NOR HELPED HER IN HER OLD AGE AND ILL HEALTH BUT THE FAMILY FRIEND DID.THE WOMAN DIED RECENTLY DUE TO HEALTH PROBLEMS.
IN THE OLDEN DAYS ABOUT 20 YEARS BACK IN ANDHRA PRADESH, ONLY THE UNDIVIDED COMMON PORTION OF LAND WAS USED TO BE REGISTERED IN THE NAME OF BUYERS AND A SEPARATE AGREEMENT FOR CONSTRUCTION OF FLAT WAS ENTRED BETWEEN THE BUYER AND DEVELOPER WHO BUILDS THE FLATS.
NOW THE WOMAN DIED WITHOUT ANY WILL . HER NAME IWAS ENETRED AS FIRST BUYER AND HER FAMILY FRIEND'S ANME AS SECOND IN THE INDIVIDED LAND REGISTERED DEED.
NOW PL. ADVISE
IF THE JOINT OWNER CAN LEGALLY BE THE OWNER OF THE FLAT AND CAN MUTATE THE PROPERTY IN HIS NAME BY PRODUCING A DEATH CERTIFICATE OF THE DECEASED OR
THE SISTERS AND BRIOTHER OF THE DECEASED CAN CLAIM ANY SHARE
THANKS AND RGRDS,
raovr2001@yahoo.com
Devajyoti Barman (Expert) 01 December 2010
As the family member nether fall in the class I heir not class II hence the family frend would do nothing as regards her 1/2 share. Her brother and sister can lawfully claim her 1/2 share by rule of inheritance.
Advocate Bhartesh goyal (Expert) 01 December 2010
I agree with Mr. Barman.
G. ARAVINTHAN (Expert) 02 December 2010
Mr.Barman is right
G. ARAVINTHAN (Expert) 02 December 2010
Mr.Barman is right


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