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is it required to specify successor in case of spouse joint property


17-Jul-2023 (In Property Law)
In a husband wife joint property 50/50 self acquired and having no children yet but planning, the family auditor mentions that legal hire issues may arise and that successor has to be specified. What could be the obvious reasons to this when law of succession clearly states either of survivors/husband mother/spouse and children to be the successors. Is there anything that is missing my common sense , the auditor is not available to re check now. Please advise if it is required to specify anything in general for joint property.
Answers (1)

Answer #1
735 votes
Buying a property in the joint names or individual names is your decision.

What is the auditor doing with this?

The auditor has no business to dictate terms with regard to successors or legal heirs.

The property purchased in the joint names shall be held jointly and both will be having equal rights in the property and this arrangement is a good sign for a cordial relationship between spouses.


It is not necessary that the owners have to leave it intestate, they can very well make arrangement for the properties to be disposed as per their own will and wish.

The auditor is creating confusion and wants you to fish the troubled waters while he think he can make hay while his sun shines.

The auditor has got nothing to do with the legal issues, ask him to confine with the computation of the auditing issues instead of misguiding you with unnecessary and non-existing legal legal complications. .

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

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