Joint tenancy.
Sunandhan
(Querist) 25 April 2016
This query is : Resolved
Greetings to All!!
Query:-
(Mr A) holds a property jointly purchased along his two brothers(Mr B and Mr C) in 1975.
In year 1994 mr B expired who was just a sleeping owner with no possession and to title in the premises except his name in the sale deed.
Since In 1994 Mr.B expired and since mr. A was in the possession of the constructed factory in the premises,mr C also gave the power of attorney to mr A as he was also not involved in any affairs related to the titled land.
however in year 2007 widow of mr B filed a suit against Mr A claiming the share in the land as legal heirs of the deceased (Mr B).
Please confirm is his suit admissible?as the land was jointly held (jointly tenancy) How strong is the case of Mr A.
regards
Sunandhan
P. Venu
(Expert) 26 April 2016
Who are A, B & C? How you are related to the issue?
Sunandhan
(Querist) 26 April 2016
A B C are real brothers here and am son of the defendant in the suit.
Sir,please confirm what are the pre-requisites of the joint tenancy.Does it only apply in dwellings or it can be applicable in commercial lands also.
The premises is under our absolute possession since last 40 years.and there was no roile of other brothers in the suit land except their names in the sale deed as it was purchased jointly in equal shares...
regards
Rajendra K Goyal
(Expert) 26 April 2016
Since B was joint owner, after him his legal heirs have inherited the share of B in the property.
Sunandhan
(Querist) 26 April 2016
Thanks for the reply..Sir please confirm if the possession plays any role here.As the suit property stands in our absolute control and possession and other surviving brother has also gifted and given us his power of attorney of his share..
Does the joint tenancy does not apply here if not why?
regards
