When property is jointly owned, the rights of the surviving co-owner or co-owners depend on the nature of the ownership. The treatment of jointly owned property after the death of one of the owners in India varies based on whether the property is held under the principle of survivorship or is a tenancy-in-common. Jointly owned property can be passed to the surviving co-owners, or it may be transferred to the deceased's legal heirs depending on the type of ownership and the agreements in place.
In a joint tenancy, the co-owners have equal rights to the property, and the right of survivorship applies. This means that upon the death of one co-owner, their share in the property automatically passes to the surviving co-owner(s), rather than being distributed according to the deceased's will or legal heirs.
Example: If two individuals (Mr. A and Mr. B) jointly own a house under a joint tenancy agreement, and Mr. A dies, Mr. B automatically becomes the sole owner of the property, and Mr. A’s heirs do not have a claim to the property.
In a tenancy in common, each co-owner holds a specific share of the property, and each share can be passed on to their legal heirs upon their death. Unlike joint tenancy, the right of survivorship does not apply, and the deceased’s share is inherited by their heirs or as specified in their will.
Example: If Mr. X and Mr. Y own a property as tenants in common, with each having a 50% share, and Mr. X dies, his share passes to his legal heirs, as per his will, rather than to Mr. Y, the surviving co-owner.
If the deceased co-owner has made a will, the property will be transferred according to the terms of the will. If there is no will (intestate succession), the property is passed to the legal heirs of the deceased co-owner according to the applicable succession laws, such as:
In cases of joint ownership under tenancy in common, the deceased's share will be inherited by their legal heirs. However, if the property is under joint tenancy with right of survivorship, the surviving co-owner automatically inherits the property.
Example: Mr. A and Mr. B jointly own a property as tenants in common, with a 50% share each. Upon Mr. A’s death, if Mr. A had a will leaving his share to his daughter, she will inherit Mr. A’s 50% share, even though Mr. B, the surviving co-owner, remains in possession of his own share.
When property is jointly owned by spouses, the rules of joint tenancy or tenancy in common apply. If one spouse dies, the surviving spouse usually becomes the sole owner if the property is held in joint tenancy. However, if it’s in tenancy in common, the deceased spouse's share may pass to their legal heirs, even if the other spouse is a surviving co-owner.
Example: If Mr. and Mrs. P own a property jointly under joint tenancy, and Mr. P dies, Mrs. P automatically becomes the sole owner of the property.
In cases of business partnerships, if property is owned under joint tenancy, the surviving partner(s) automatically inherit the deceased partner’s share. However, if the property is owned under tenancy in common, the share of the deceased partner can be passed to their heirs or as per the business agreement.
Example: If two business partners, Mr. C and Mr. D, jointly own a property under joint tenancy, and Mr. C passes away, Mr. D automatically becomes the full owner of the property. However, if they held the property as tenants in common, Mr. C’s heirs would inherit his share.
If the property is jointly owned but the deceased has a will or if the property is in tenancy in common, the surviving co-owners or the legal heirs may have to go through a legal process like obtaining a succession certificate or probate. This process helps ensure the proper distribution of the deceased’s share of the property according to the law or the terms of the will.
If the property is under joint tenancy, no legal proceedings are necessary unless there is a dispute.
If the property is under tenancy in common, legal proceedings will be necessary to determine how the deceased’s share will be distributed.
Mr. A and Mr. B jointly own a house under a joint tenancy agreement. After Mr. A’s death, Mr. B becomes the sole owner of the house due to the right of survivorship, and Mr. A’s heirs have no claim to the property.
Mr. X and Mr. Y own a piece of land under tenancy in common. When Mr. X dies, his 50% share is passed to his daughter, as per his will, while Mr. Y retains his own 50% share of the property.
The fate of jointly owned property after the death of one co-owner depends on the type of joint ownership arrangement. In joint tenancy, the surviving co-owner automatically inherits the deceased’s share, while in tenancy in common, the deceased’s share passes to their legal heirs. Legal proceedings such as a succession certificate or probate may be required in certain cases. Therefore, understanding the nature of co-ownership and taking the necessary legal steps is essential to ensure the proper transfer of property after the death of one co-owner.
Answer By Law4u Team
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