Ratan Kumar (Private Service) 15 August 2010

joint tenance between father and son

My father had taken some money from me to invest in a land as he was running short of funds. There is no record of the money I gave to him since it was given in cash. The sale deed includes names of my father and myself addressed as the "buyer". In the revenue records of the government the land is in joint names. There is no other document of joint ownership.

Will the law treat this as "joint tenancy". Can I assume that I as the surviving co-owner in case of my father's demise will have full rights over the land (I do have brothers and sisters).

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2 Replies

Rajendra Pandey (Professional) 15 August 2010

In case of joint tenancy the share relating to your father will be passed on to the survivors under Hindu Succession Act and your share absolute right will be limited to your share.

Ratan Kumar (Private Service) 16 August 2010

Thanks for reply. I am not clear about who you are referring to as survivors (me or the family). There is no mention of how much is my share v/s my father in any document. The property is registered in joint names. There are two issues where I need your advice.

1. Is this a clear case of joint tenancy (not tenancy-in-common) arrangement ?

2. Will the property be passed on to the surviving partner (either me or my father) as the owner in case of death of any parner. If this is so, will any family member have a claim on the property ?