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ammu (Manager)     05 September 2013

Co-owner's right in case of one co-owner death

Hi, My friend and her husband bought a land in both of their names.… they took a loan and she is currently paying the EMI. he passed way due to illness couple of years before. now she would like to transfer the ownership of our land to her name. Please let me know what is the procedure to do so? His parents are alive now. I heard she cannot transfer the ownership to her name and his mother and his father has rights over this land. Is this true? please let me know whether she can own this property alone or my friend, her mother in law and father in law has rights over this land. Regards, Ammu


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 3 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     05 September 2013

Documents you'll need. In some states, the surviving joint owner can simply file a certified copy of the deceased co-owner's death certificate. In other states, the surviving co-owner must also sign and file a statement setting out the facts and explaining that he or she is now the sole owner.

SOUMYA RANJAN DAS (ADVOCATE)     05 September 2013

After death of a co-owner his interest in the property shall be devolved upon the heirs of class-1 according to sec.8 of The Hindu Succession Act. Admitedly the property in qustion is the joint property of both husband and wife. After death of husband his interest of the husband shall be devolved upon his heirs of class 1 i.e. widow,children and mother and the widow is not the sole owner of the property.Hence the interest of her husband can not be transfer in her favour unless the consent of the other heirs of her husband.

Advocate Bhartesh goyal (advocate)     06 September 2013

Mr Soumya is absolutely right.as per sec 8 of H.S.A beside  widow deceased children and mother are also legal heirs so widow can not got transfer her husband's share without geting no objections from other heirs.

8. General rules of succession in the case of males.-

The property of a male Hindu dying intestate shall devolve according to the provisions of this Chapter-

(a) firstly, upon the heirs, being the relatives specified in class 1 of the Schedule.

(b) secondly, if there is no heir of class I, then upon the heirs, being the relatives specified in class II of the Schedule.

(c) thirdly, if there is no heir of any of the two classes, then upon the agnates of the deceased, and

(d) lastly, if there is no agnate, then upon the cognate of the deceased.


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