My father and mother owned a flat jointly in Delhi as per the sale deed. It seems a Joint Tenancy occurs when a married couple buys, pays for, and takes ownership of a property together. A Joint Tenancy automatically vests total ownership in the other spouse upon the death of one spouse. Above conditions for Joint Tenancy are satisfied in the case of my mother and father. My father passed away one year back. My mother is the survivor of the joint ownership. Now, does the rule of Joint Tenancy apply or the rule of Tenancy in Common or the rule of Tenancy by Entirety?
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On father demise his share would devolve on his legal heirs
Tenants-in-common do not have the right of survivorship. Therefore, upon the death of one, his interest passes via Will or through the laws of intestacy to another person who will then become a tenant-in-common with the surviving co-owners.
The term "joint tenancy" refers to a legal arrangement in which two or more people own a property together, each with equal rights and obligations. Joint tenancies can be created by married and non-married couples, friends, relatives, and business associates.
when a property is owned jointly, and it is a 'tenancy-in-common' arrangement, in such a case a co owner dies, his or her share of property DOES NOT go to the co owners automatically.
The share of the property is transferred to the legal heirs of the deceased co owner.
When a property is owned by joint tenants, the interest of a deceased owner gets transferred to the remaining surviving owners.
Tenants in common have no rights of survivorship. Unless the deceased owner's will or other instrument specifies that their interest in the property is to be divided among the surviving owners, a deceased person's interest belongs to the estate.
If the deed specifically mentions about the joint tenancy then she can acquire the sharfe of the other owner on the basis of survivorship
The parents had 2 children, Child1, Child2, In this case, in Delhi, there was a joint will made by the parents to bequeath the property flat to Child1, The parents, being originally from Mumbai, registered the will with the Housing Society in Delhi, and not with the sub-registrar in Delhi, Now, the father passed away, As per Tenancy-in-common, 50% share remains with Mother, and 1/3 share of father goes to Mother, Child1, Child2, To get the 50% property, in spite of will, Child1 needs to get relinquishment / release (?) deeds from Mother and Child2, Now, it seems the Child1 has to get relinquishment deeds from the other legal heirs, Mother and Child2, Does the will have no significance, if it is not registered with sub-registrar, but registered with the local Housing Society ?
Non registration dues not affect validity of will
2) registration of will is optional
3) property would devolve on beneficiaries mentioned in will
It is not mandatory to register the Will.
An unregistered Will is also equally valid as per law.
If the share of property pertaining to deceased testator has been bequeathed in favor of one of the children, then the beneficiary can enforce the Will and acquire the property directly without a necessity to obtain relinquishment deed from other legal heirs.
Since this is an unregistered Will, the other legal heirs can express NOC in writing to the application for transfer of revenue records in the name of beneficiary.
1. Unless and otherwise specifically stated in the sale deed as joint tenancy or rule of entirety, in all other situations, it will be considered as tenancy in common.
2. Registration of WILL is not compulsory and even an unregistered WILL will have the same legal validity as that of a registered WILL. In the instant case, the registration of WILL in the Housing society but not in the Sub Registrar's Office does not alter the contents of the WILL.
3. In the instant case, if it were to be a legally valid WILL, then 50% property of the father would go to child1.
Dear client, The primary incidence of joint tenancy is survivorship, by which the entire tenancy on the deceased of any joint tenant remains to the survivors, and at length to the last survivor
Noreover, we have to keep in mind that registration of will is not necessary. Therefore it doesn't matter whether the property is registered with dub register or not.
It has. Significance but if you can register it will be good
