Joint owner
Querist :
Anonymous
(Querist) 30 November 2011
This query is : Resolved
Hi,
Me and my husband are joint owner of our property/bank account. Now he is no more and I can easily transfer the property/account to my name by producing the death certificate.
Upon the death of one joint tenant, his/her interest
immediately passes to the surviving joint tenant. you can get it in details in http://legalserviceindia.com/articles/plaw.htm.
I got many article on this law. As per the same, when survivor is there, even the legal hier doesnt get right to that property.
Can you please let me know if there is any risk for me to face any problem in future as his mother is still alive?
Devajyoti Barman
(Expert) 30 November 2011
If your husband has died intestate then his half share is equally devolved upon you and his mother.
So you are now the 3/4th share holder in the property whereas your mother in law is 1/4th share holder.
So without her consent you can not sell the property.
I advise further that the mother being an old lady, you should not indulge in any unethical practice of depriving her due share.
M/s. Y-not legal services
(Expert) 01 December 2011
am not able to connect the link.,
even., if you are joint account holder mean dont thing that you are only the legal heir.. [when survivor is there, even the legal hier doesnt get right to that property.- your stated words.,]
if there is no arrangements for the self acquired property to a hindu male., his mother also entitled to claim share over the property.,
as as of barman sir's advise you are elligible to 1/2 + 1/4 =3/4 share
prabhakar singh
(Expert) 01 December 2011
You have misunderstood things hence mistaken in law.You can get the account done in your single name but you can not deny your mother in law's share of 1/4 if your husband has left only you and her as heir behind.
Please do not plan her to drag in any litigation in her old age.After all she is the source to what ever you have got.Take her care as human.
Raj Kumar Makkad
(Expert) 02 December 2011
The dealing about the property and the bank account may be different in practical aspects but theoretically, all legal heirs including mother of deceased are entitled to inherit the estate left by deceased as per law of inheritance and not according to survivorship, as you claimed.
