Devansh Chourasiya 07 August 2020

Right of Survivorship for a Joint Property

Hi,
My doubts is regarding Joint Property (self-acquired).

For instance, if a husband and wife own the joint property (nothing specified in conveyance deed about being tenants-in-common or joint tenants), how is the property transferred on the demise of either one of them?

As far as I read on internet, ownership will be taken as tenants-in-common and the succession will be according to the will. In case of no will, it will be succeeded by legal heirs

1. By default, is the ownership really treated as tenant-in-common? If so, is there any way to change mode of ownership from tenant-in-common to Joint Tenancy, or Tenancy in entirety?

2. In case of Tenants-in-common, does the will supercede the rights of heirs, and if one of the husband and wife mentions a third person (out of family) in the will, can the spouse and legal heirs contest the will?

Thanks in advance !

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Quick Summary

This discussion clarifies how joint property ownership, specifically between a husband and wife with no explicit deed specification, is typically handled upon the death of one owner. It explores whether ownership defaults to 'tenants-in-common' and if this can be changed to 'joint tenancy' or 'tenancy in entirety'. The conversation also addresses the power of a will in overriding heir rights for tenants-in-common, and the potential for legal challenges if a third party is named.