joint ownership in property


Hi,
I was reading an article and it seems that there are different categories in joint ownership as well. http://economictimes.indiatimes.com/Features/Financial-Times/Joint-ownership-of-property-/articleshow/4167937.cms?curpg=1

If properties are held jointly by husband and wife, incase of death of one of the spouse, I would like to have following queries answered.

1) Now what will be the procedure of transfer of ownership?
2) Does my case fall in "Joint Ownership - Tenancy by entirety"?

3) What should I look for in property papers to confirm that joint ownership falls under "Tenancy by entirety"?

4) Where can I find the law supporting "Tenancy by entirety"? The government authorities are not aware of the laws and ask me to bring NOC from other legals heirs, is it required?

I am a senior citizen and pensioner. Due to lack of proper information on these matters, government offices are also misguiding.

Thanks for help.

Divs

 
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practicing advocate

If the property is jointly owner by husband and wife  and one of the spouse died then the succession opens.  The legal heirs of the deceased will have a right over the property along with living joint owner of the property.

 
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Hi,

Thanks for your reply.

However, Your statement seems to be in conflict with the article's passage on "Tenancy by entirety". According to which, it automatically devolves to surviving co-owner incase of husband and wife. It seems to be suggesting "right of suvivorship" over the property?????

Tenancy by entirety

"There can be also be a tenancy by entirety. This type of co-ownership is exclusively for a husband and wife. Tenancy by the entirety provides the right of survivorship. To exist, tenancy by entirety requires the two co-owners to be married."

Please clarify.

Thanks,

Divs

 
Reply   
 

The article was published in Economic Times  and Times of India.

 
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Any thoughts???

 

Originally posted by :divs
"
Hi,
I was reading an article and it seems that there are different categories in joint ownership as well. http://economictimes.indiatimes.com/Features/Financial-Times/Joint-ownership-of-property-/articleshow/4167937.cms?curpg=1

If properties are held jointly by husband and wife, incase of death of one of the spouse, I would like to have following queries answered.

1) Now what will be the procedure of transfer of ownership?
2) Does my case fall in "Joint Ownership - Tenancy by entirety"?

3) What should I look for in property papers to confirm that joint ownership falls under "Tenancy by entirety"?

4) Where can I find the law supporting "Tenancy by entirety"? The government authorities are not aware of the laws and ask me to bring NOC from other legals heirs, is it required?

I am a senior citizen and pensioner. Due to lack of proper information on these matters, government offices are also misguiding.

Thanks for help.

Divs
"
 
Reply   
 

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