Who will be the owner of a property in a joint ownership if one dies

753 votes

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Advocate Ashish Dongre LawRato

592 votes

According to transfer of property act 1882 said that if a property in a joined name suppose if one party died then it will be transfer his share to his legal heir in your case you both are husband and wife here nothing problem created if one party died then altimately his right gone to your Legal heirs.

Advocate Murugamani Subramaniam LawRato

576 votes

Dear Querist, There are several landmark judgments which clearly states that a nominee is only a trustee of the property for transferring the property to the legal heirs of the owners.

Even if you nominate each other, and if either of you die, then names of all the legal heirs will have to be entered in the Society's records/ share certificate. (Unless the legal heirs submit consent affidavit)

Please feel free to call us, if any further queries.

Regards,
Rakesh V. Misar

Advocate Rakesh Misar LawRato