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Shouvik - I hold a joint property with my brother Shouvik - I hold a joint property with my brother

9 months ago

My brother has died. I hold a joint property with my brother. If I include my 2 nephews in the joint property with my brother will they be equal owners, meaning having right to 1/3 Rd share?

Legal Counsel Vidhikarya

Responded 9 months ago

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A.Dear Client,
In case your brother died intestate then his surviving legal heirs are entitled to an equal share in the said property jointly owned by your brother with you following the law of inheritance as laid down under Hindu Succession Act, 1956. Two nephews being the legal heirs of your brother shall be included the list of a joint ownership property. Reach out to an Advocate for for more claification and guidance in the matter.
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Vidhi Samaadhaan Vidhi Samaadhaan

Anik

Responded 9 months ago

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A.Dear client,

The ownership rights in a joint property after the death of one of the joint owners can vary depending on the laws and regulations in your specific jurisdiction. In many cases, when one joint owner dies, their share in the property is transferred to the surviving joint owner(s).

If your brother passed away and you hold a joint property with him, his share of the property would typically pass on to you as the surviving joint owner. However, if your brother had a will or if there are specific inheritance laws in your jurisdiction, his share of the property might be distributed according to those provisions.

If your brother had a will, it would dictate how his share of the property should be distributed among his heirs or beneficiaries. If there is no will or if the will is invalid, the distribution of his share would typically follow the laws of intestate succession in your jurisdiction. These laws specify how the assets of a deceased person are distributed among their legal heirs.

Since the laws regarding joint property and inheritance can be complex and may vary depending on your country or state, it is advisable to consult with a qualified legal professional to understand the specific rights and options for the distribution of the joint property after your brother's passing. They can guide you through the legal process and help ensure that the property is distributed in accordance with the applicable laws and any existing legal agreements, such as a will or property deed.
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