Legal status of a joint owner of an apartment

Querist : Anonymous (Querist) 24 November 2011 This query is : Resolved
We have an apartment in the joint names of husband and wife. Wife is only homemaker and no income of hers. Her name has been added as Joint Owner out of natural love and affection. What is her legal position during the lifetime of her husband? Chartered Accountant has advised that no amount of rental income be shown under wife's name out of property jointly owned if her share of investment is nil. Husband wants to make a will. Can he do it for the entire property? Does the law require both husband and wife to make separate wills ? Is it possible to make a will by both husband and wife separately? What are percentage shares of both owners?

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adv. rajeev ( rajoo ) (Expert) 24 November 2011
Both will have equal share in the propoerty because property is in joint name. They can also make seperate will.

Raj Kumar Makkad (Expert) 24 November 2011
Who so ever is entered in the title deed is owner to that extent and so legal status of wife in the given case is equal to her husband so husband cannot make will more than his share and same is the position with wife. Both can make a joint will.

Rajeev Kumar (Expert) 24 November 2011
Agree with experts view

prabhakar singh (Expert) 24 November 2011
I shall also like to advise a joint will by both spouses but with a recital of mode of acquisition of ownership to corroborate with tax filling records.

Devajyoti Barman (Expert) 24 November 2011
There is no concept like joijt will in India.
Both of you will have to execute a separate will bequeathing your respective haf shares in it.

Raj Kumar Makkad (Expert) 25 November 2011
Barman! I have a citation of Apex Court wherein joint will by spouse was treated as genuine and legal and inheritance accordingly was treated as proper so concept of joint will cannot be discarded.

Devajyoti Barman (Expert) 26 November 2011
Dear Mr Makkad, it would be mighty helpful if you kindly give such citation.
It is really unheard of me.

Sailesh Kumar Shah (Expert) 27 November 2011
I also suggest for "Joint Will".

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