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Published on 5/12/2018 2:27:47 PM | Source: HT Media

In joint tenancy, if one owner dies, his share goes to second owner

Posted in Top Stories| #Wealth

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 (Source - HT Media) As the man was a Hindu he will be governed by The Hindu Succession Act, 1956. If the property in question was owned by the deceased man and his brother as joint tenants, then after the death of the man, his share in the property would have vested in his brother who was the joint owner. However, if the property was co-owned by them as tenants-in-common, then the share of the deceased man would pass on to his legal heirs. I understand that there were eight siblings in all (that is the deceased man, one brother with whom he co-owned the property and three other brothers and three sisters). I have assumed that his mother and father had predeceased him. Also, from the facts described by you, it appears that the man’s seven siblings were all alive at the time of his death. In this case, since the man was unmarried, as per Section 9 of the Act, his heirs would be his brothers and sisters (being his heirs falling under Entry II of Class II of the Schedule to the Act). In this case, each of the Class II heirs, being his seven siblings, would get an equal share in his property. 

I have assumed that the property in question is an immoveable property. As per Article 65 of the Schedule of the Limitation Act, 1963, a suit for possession of immoveable property or any interest therein based on title, has to be filed within 12 years from the date when the possession of the defendant becomes adverse to the plaintiff. In other words, the period of 12 years has to be calculated with reference to the date when the person in adverse possession denies the claim of the true owner (see (2006)7SC C 570). The facts would need to be examined in further detail to ascertain the date when and if adverse possession is claimed by the person in possession.