Gurdip Singh (Accountant) 09 June 2023

Concept of joint ownership

I had posted a query here about what the status of a co-owner was when the other coowner died intestate.

I received two replies both saying the dead co-owners share is then transferred to all living heirs. But this seems to be

wrong when the two co-owners are husband and wife and acquired property at the same time without any separation

of parts of the house. There are numerous articles on legal websites saying this is a case of 'joint ownership' and not ownership

in common, therefore the surviving co-owner gets the dead one's share. There is some concept of 'ownership in entirety'

which governs property ownership of husband and wife on this type. But I cannot find a single judgment, Act or sention which elaborates this. Can someone help me just locate a few judgments or tell me this is a wrong interpretation?

Thanks

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3 Replies

anubhav Bhatt 10 June 2023

Dear Client In that situation you should spend time over the Hindu Sucssession Act. If you need clarification, you may contact us, and then I'll explain properly about your case. Advocate Anurag Bhatt
Allahabad High Court
Mobile 9198889990.

Shashi Dhara 10 June 2023

If husband dies his mother is alive then wife and mother gets joint ownership if no child is their ,if wife dies husband will inherit wife share no joint ownership if no children's.

Krishnan 10 June 2023

Hi - When a property is jointly owned (say 50% each), and if one person dies without leaving any will, his share needs to be distributed through a legal process called Letter of Administration governed by the law of inheritance. In Bank accounts you can submit death certificate and remove his name and you become owner for savings account (FD process is different), but in case of immovable property, the property / land records show both as joint holders. This has to be changed. The ownership will show 50% with the surviving member. But for balance 50% you have to process through the Succession route by applying to court with a Letter of Administration request. You can write to me with full details at advkrishnanpr@gmail.com and I will try to give maximum possible detail/suggestion.