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(Guest)

Joint property with spouse

Me And husband are joint owners of a property 50:50 which is self acquired on bank loans.We have no children yet married recently. The auditor was indicating legal heir problem could be there and that the successor has to be mentioned. I thought since we are spouses there should not be a heir problem. Is there anything the auditor is obviously indicating, that I don't understand. Btw, he is out of country and I m not able to talk to him. Has successor to be specified?


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 3 Replies

P. Venu (Advocate)     19 July 2016

The suggestion is strange. The Laws of the counrty can take cre of the inheritance. Of course, you can make a Will and register the same.

JustAdvisor (IT)     19 July 2016

if there is no nomination, society may insist for succession certificate which is an expensive affair. discuss with your counsel the possible solution of you nominating your husband and your husband nominating you in your respective shares (i am presuming it is immovable property). i may add here that nominee is only a trustee on behalf of all heirs. in absence of children, mother of husband is also a joint heir with wife to husband's share. hence as suggested by learned expert above, at least husband is advised to make a will.

(Guest)

Sure, thanks so much for advices around this. Because we are recently married I felt strange about this suggestion on how could someone assume heirs won't be there. That's y posted to get more thoughts.


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