Joint Property
Dinkar Vidyarthi
(Querist) 10 September 2010
This query is : Resolved
Sir,
property i.e residencial plot purchased by sale deed in joint name of purchasers. that the sale deed does not disclosed the share of the co-owner of the property. that one of the joint owner by sale deed has died with out any will and left her two sons and one daughter. That the co- owner according to the sale deed of such plot is grant daughter of deseased. now the other LRs of for the property wants to transfer their repective shares in the favour of above said grant daughter of deseased who is also a joint owner of said property as per the sale deed.
My query is whether there is any possibity to acquire the whole share in property by the grant daughter through court on application under Benami transaction Act or the other sharer through registry or through declaration transfer the said share in their daughter?
what extend the other sharer are entitled to their share in the said property in which there was no stipulation or averment in the sale deed that upto what extend the co-owner has their share in the property?
Any other suggestion please.
Thanks
Regards
Devajyoti Barman
(Expert) 25 October 2010
The co owner has got no right over the other half. The LH of the deceased have got equal share which would be the share after dividing the half share by no of LH.
