Property Title Transfer
6 months ago
Our Mother have died recently without making any will and had left us a house (which she got from her mother through Registered will). I (aged 40) along with my two sisters (aged 45,36) are the legal heirs. Now I put my queries in order to explain our need and problem:
1. Firstly we want to keep the house jointly in our names as a single entity , just like it is done in case of “Tenacity in Entirety” (but is only for married couples)where both husband and wife are seen as single entity with both having 100% interest & 100% share(as mentioned also on Vidhikirya website). So Is there a way we can have “Tenacity in Entirety” in our case with all 3 of us as joint co-owners of the property with all having 100% interest & 100% share.
2. If “Tenacity in Entirety” is not possible in our case, then can we go with “Joint-Tenancy” in which the survivorship is applicable in case of death of co-owner. I am in Delhi & here the people are not aware of Joint Tenancy & they deny the concept of survivorship in case of death of co-owner in Joint-tenancy. They say that even in joint Tenancy the share will devolve to our legal heirs only & not the co-owner(ourselves), which is contrary to what is written on Vidhikirya website under heading “Joint-tenancy” (also on other websites like LegalServicesIndia, Lawrato etc.).
On the various websites like LegalServicesIndia, VidhiKirya, Lawrato etc., the concept of Joint Tenancy with survivorship is mentioned but in real the advocates & documentation people ae denying any such concept.
We all 3 want to go for Joint-tenancy with survivorship & not with devolution to our legal heirs (at least at present age).
(Father already died earlier)
Please advice.
A.Dear Sir,
Section 8 of Hindu Succession Act:
====================================================================
General rules of succession in the case of males.―The property of a male Hindu dying intestate
shall devolve according to the provisions of this Chapter:―
(a) firstly, upon the heirs, being the relatives specified in class I of the Schedule;
CLASS I
Son; daughter; widow; mother; son of a pre-deceased son; daughter of a pre-deceased son; son of a pre-deceased daughter; daughter of a pre-deceased daughter; widow of a pre-deceased son; son of a pre-deceased son of a pre-deceased son; daughter of a pre-deceased son of a pre-deceased son; widow of a pre-deceased son of a pre-deceased son.
=============================================================================
Distribution of Property after Death – Hindu Male
For Hindus, testamentary succession (succession by way of Will) is as per the Indian Succession Act and intestate succession (succession without Will) is as per the Hindu Succession Act. In this article, we look in detail the process for distribution of property after death of a Hindu male as per the Hindu Succession Act.
Class 1 Heirs
The Hindu Succession Act groups the heirs of a male Hindu into four categories and lays down that his/her inheritable property devolves firstly upon the heirs specified in Class I which are as under:
• Sons
• Daughters
• Widow
• Mother
• Son of a pre-deceased son
• Daughter of a pre-deceased son
• Son of a pre-deceased daughter
• Daughter of a pre-deceased daughter
• Widow of a pre-deceased son
• Son of a pre-deceased son of a pre-deceased son
• Daughter of a pre-deceased son of a pre-deceased son
• Widow of a pre-deceased son of a pre-deceased son
• Son of a predeceased daughter of a predeceased daughter
• Daughter of a deceased daughter of a predeceased daughter
• Daughter of a predeceased son of a predeceased daughter
• Daughter of a predeceased daughter of predeceased son
All these heirs inherit simultaneously and to the exclusion of other heirs. In the absence of any of the heirs in this category, the property devolves upon the enumerated heirs specified in class II.
Class 2 Heirs
The devolution in Class II heirs is made in the absence of any heir in Class I and in such a manner that heirs specified in a particular entry share equally. For this purpose if more than one heir is specified in a single entry, they share the property simultaneously and equally to the exclusion of those specified in subsequent entries. Class 2 heirs include:
• Father
• Sons daughter’s son
• Sons daughter’s daughter
• Brother
• Sister
• Daughters son’s son
• Daughters son’s daughter
• Daughters daughter’s son
• Daughters Daughter’s daughter
• Brothers son
• Sisters son
• Brothers daughter
• Sisters daughter
• Fathers father
• Fathers mother
• Fathers widow
• Brothers widow
• Fathers brother
• Fathers sister
• Mothers father
• Mothers mother
• Mothers brother
• Mothers sister
Agnates
In case a Hindu male passes away intestate and leaves no class 1 or class 2 heirs, then the property would devolve on agnates. A person is said to be an agnate of another if the two are related by blood or adoption wholly through males. Agnate relationship does not extend to relationship by marriage and is restricted to relationship by blood. Also, agnate does not include widows of lineal descendants of the intestate.
Cognates
If a Hindu male passes away without a Will and has no class 1 or class 2 heirs or agnates, then the succession would be through cognates. Cognates are ones who are related to the intestate by blood or adoption but not wholly, through males. Thus mother’s brother’s son and brother’s daughters son are cognates, eligible for heirship.
Section 8 of Hindu Succession Act:
====================================================================
General rules of succession in the case of males.―The property of a male Hindu dying intestate
shall devolve according to the provisions of this Chapter:―
(a) firstly, upon the heirs, being the relatives specified in class I of the Schedule;
CLASS I
Son; daughter; widow; mother; son of a pre-deceased son; daughter of a pre-deceased son; son of a pre-deceased daughter; daughter of a pre-deceased daughter; widow of a pre-deceased son; son of a pre-deceased son of a pre-deceased son; daughter of a pre-deceased son of a pre-deceased son; widow of a pre-deceased son of a pre-deceased son.
=============================================================================
Distribution of Property after Death – Hindu Male
For Hindus, testamentary succession (succession by way of Will) is as per the Indian Succession Act and intestate succession (succession without Will) is as per the Hindu Succession Act. In this article, we look in detail the process for distribution of property after death of a Hindu male as per the Hindu Succession Act.
Class 1 Heirs
The Hindu Succession Act groups the heirs of a male Hindu into four categories and lays down that his/her inheritable property devolves firstly upon the heirs specified in Class I which are as under:
• Sons
• Daughters
• Widow
• Mother
• Son of a pre-deceased son
• Daughter of a pre-deceased son
• Son of a pre-deceased daughter
• Daughter of a pre-deceased daughter
• Widow of a pre-deceased son
• Son of a pre-deceased son of a pre-deceased son
• Daughter of a pre-deceased son of a pre-deceased son
• Widow of a pre-deceased son of a pre-deceased son
• Son of a predeceased daughter of a predeceased daughter
• Daughter of a deceased daughter of a predeceased daughter
• Daughter of a predeceased son of a predeceased daughter
• Daughter of a predeceased daughter of predeceased son
All these heirs inherit simultaneously and to the exclusion of other heirs. In the absence of any of the heirs in this category, the property devolves upon the enumerated heirs specified in class II.
Class 2 Heirs
The devolution in Class II heirs is made in the absence of any heir in Class I and in such a manner that heirs specified in a particular entry share equally. For this purpose if more than one heir is specified in a single entry, they share the property simultaneously and equally to the exclusion of those specified in subsequent entries. Class 2 heirs include:
• Father
• Sons daughter’s son
• Sons daughter’s daughter
• Brother
• Sister
• Daughters son’s son
• Daughters son’s daughter
• Daughters daughter’s son
• Daughters Daughter’s daughter
• Brothers son
• Sisters son
• Brothers daughter
• Sisters daughter
• Fathers father
• Fathers mother
• Fathers widow
• Brothers widow
• Fathers brother
• Fathers sister
• Mothers father
• Mothers mother
• Mothers brother
• Mothers sister
Agnates
In case a Hindu male passes away intestate and leaves no class 1 or class 2 heirs, then the property would devolve on agnates. A person is said to be an agnate of another if the two are related by blood or adoption wholly through males. Agnate relationship does not extend to relationship by marriage and is restricted to relationship by blood. Also, agnate does not include widows of lineal descendants of the intestate.
Cognates
If a Hindu male passes away without a Will and has no class 1 or class 2 heirs or agnates, then the succession would be through cognates. Cognates are ones who are related to the intestate by blood or adoption but not wholly, through males. Thus mother’s brother’s son and brother’s daughters son are cognates, eligible for heirship.
Helpful
Helpful
Share
A.Dear Client,
Any property passed on to the successors through generations is called ancestral property. To qualify as ancestral property, the property should have been acquired by a common ancestor, and it should have remained undivided, unsold and unpartitioned throughout subsequent generations. Inherited property refers to such properties that only your parents owned, and you inherited them after their death. A property is classified into two types: (1) Joint Hindu Family Property (2) Separate Property. Joint-family Property is also known as Coparcenary Property and this property consists of (a) Ancestral Property (b) Property jointly acquired by the members of the Joint family. Under the property inheritance law, i.e., Hindu Succession Act, a son and daughter have the right to ancestral property by birth. There is no presumption that joint family possesses joint property. Property jointly acquired by coparceners - with their joint labour and without the aid of the joint family property, will be joint family property in which children will acquire an interest by birth, unless it is proved that the acquirers intended to own the property as co-owners between themselves in which case it will be joint property and not joint family property. As per the Muslim law of inheritance, the estate of a deceased Muslim devolves on his heirs separately and the heirs are entitled to hold the property as tenants-in-common, each having a definite share in the property as described in the Muslim law. According to Hindu law of inheritance, the ownership of jointly owned property cannot be converted in single entity until and unless the joint owners give up their right to the property through a Deed of Relinquishment in favour of single owner. So, as desired, joint-tenancy with survivorship & not with devolution to our legal heirs, in respect of said property is perverse to governing law being bereft of legal sanctity.
Any property passed on to the successors through generations is called ancestral property. To qualify as ancestral property, the property should have been acquired by a common ancestor, and it should have remained undivided, unsold and unpartitioned throughout subsequent generations. Inherited property refers to such properties that only your parents owned, and you inherited them after their death. A property is classified into two types: (1) Joint Hindu Family Property (2) Separate Property. Joint-family Property is also known as Coparcenary Property and this property consists of (a) Ancestral Property (b) Property jointly acquired by the members of the Joint family. Under the property inheritance law, i.e., Hindu Succession Act, a son and daughter have the right to ancestral property by birth. There is no presumption that joint family possesses joint property. Property jointly acquired by coparceners - with their joint labour and without the aid of the joint family property, will be joint family property in which children will acquire an interest by birth, unless it is proved that the acquirers intended to own the property as co-owners between themselves in which case it will be joint property and not joint family property. As per the Muslim law of inheritance, the estate of a deceased Muslim devolves on his heirs separately and the heirs are entitled to hold the property as tenants-in-common, each having a definite share in the property as described in the Muslim law. According to Hindu law of inheritance, the ownership of jointly owned property cannot be converted in single entity until and unless the joint owners give up their right to the property through a Deed of Relinquishment in favour of single owner. So, as desired, joint-tenancy with survivorship & not with devolution to our legal heirs, in respect of said property is perverse to governing law being bereft of legal sanctity.
Helpful
Helpful
Share
A.Dear Client,
In India, joint ownership of property is typically categorised as "Tenancy in Common," which means that each co-owner has a distinct share in the property, and their share can be inherited or sold as they desire. In a "Tenancy in Common," each co-owner can specify their share of the property, and their shares will not automatically pass to the surviving co-owners upon death. In India, joint tenancy is possible, but it is not as common as tenancy in common. Joint tenancy can be established by specific agreements and clear language in property documents. It is crucial to have clear and unambiguous documentation when creating a joint tenancy with the right of survivorship. You may need legal assistance to draft such an agreement. Your lawyer can help you draft a deed that clearly outlines your intent and the terms of your co-ownership.
In India, joint ownership of property is typically categorised as "Tenancy in Common," which means that each co-owner has a distinct share in the property, and their share can be inherited or sold as they desire. In a "Tenancy in Common," each co-owner can specify their share of the property, and their shares will not automatically pass to the surviving co-owners upon death. In India, joint tenancy is possible, but it is not as common as tenancy in common. Joint tenancy can be established by specific agreements and clear language in property documents. It is crucial to have clear and unambiguous documentation when creating a joint tenancy with the right of survivorship. You may need legal assistance to draft such an agreement. Your lawyer can help you draft a deed that clearly outlines your intent and the terms of your co-ownership.
Helpful
Helpful
Share
Read Related Answers
Covered garage
Dear Client,
The owner of a property is liable to pay the property tax levied by the local civic body i.e, the Municipal Authority. This tax may vary from one location to another and various other fac...
Government Land Occupying
Dear Client,
The Government land cannot be a subject matter of a transaction between the private parties. Instead, the Government acquires private land whenever required for public purposes under the...
Balcony extension
Dear Sir,
Yes, you can do so with the formal permission of either association people or builder. You may file representation before them and get consent.
Digging borwell infront of my house without permission
Dear Client,
If the land/place belongs to the Government, then your permission is not required. You cannot raise your voice against the installation of a borewell near/in front of your house. Your obj...
Property documents
Dear Sir,
It is not safe to give your originals to any broker. Thereafter, they may blackmail you.
Read Blogs on Property
Property Lawyers
Find Lawyers by Location
