• Joint / Co-owner share in house property

House Flat was in the name of My Grandfather in Mumbai. He expired in Feb 1998 intestate & then in December 2002 Affidavit + indemnity letter has been signed by all Legal Heirs on 100 Rs. Bond paper mentioning all Share & Interest against said property should be transferred in name of My grandmother (1st name) & My father (2nd name) . Same was h/over to Society & accordingly Society share certificate / redevelopment agreement / Allotment letter / Electricity bill / Maintenance bill mention in the name of My grandmother (1st name) & My father (2nd name). Mahangar gas is in the name of my father. Possession of said old flat is with my father.

Now My grandmother died intestate , as per Hindu Succession act Section 15 of the Act delineates the heirs of a female Hindu and the order in which they are to succeed to her property if she dies intestate. Section 16 of the Act provides the manner of distribution of a deceased female Hindu among her heirs. So that means my Grandmother’s share should be divided equally between all Legal Heirs as per Law.
There are Total 5 Legal Heirs including my Father i.e. 3 Brothers + 2 Sisters. So each one gets 1/5th of share from Grandmothers share.

In Society share certificate “Percentage” is not mention , but they have added both the names as mentioned above. 

My Question mentioned below : - Require proof against same

1) So I wanted to know what share of % hold by My Grandmother & my father being joint holder as above Affidavit + all other legal documents have their joint name.

2) Which clause / rule / Court decision states that if all legal documents having joint names then share of percentage is Equal i.e. 50% each. Society By Laws does not specifically mention share of %.
Asked 7 years ago in Property Law
Religion: Hindu

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2 Answers

if shares are not mentioned both joint holders would have equal shares in the flat

2) joint owner in a housing society is called an Associate Member. Sec. 2 (19) (b) defines "Associate Member" as a member who holds jointly a share of the Society with other, but whose name does not stand first in the share certificate.

3) if shares are not mentioned both would be presumed to have equal share in the flat

Ajay Sethi
Advocate, Mumbai
95205 Answers
7607 Consultations

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Firstly you should be aware that the NOC or affidavit or indemnity letter given by all legal heirs in favor of your grandmother intimating their relinquishment is not valid in the eyes of law. The creation of subsequent documents namely transferring all other revenue and taxation records on her name based on the unregistered affidavits or indemnity letter is also not valid.

As a matter of fact, the property devolved equally on all the legal heirs of your grandfather upon his intestate death in which your grandmother was also entitled to her share as one of the legal heirs.

Now upon your grandmother's death her share will also devolve on all ;ega; heirs equally.

Thus as per the prevailing circumstance the property shall be shared equally among all the legal heirs of your grandfather, there is no question of sharing of property on percentage basis as per HSA.

Please remember that the society bye laws has got nothing to do with the law and provisions of Hindu Succession act in this connection.

T Kalaiselvan
Advocate, Vellore
85404 Answers
2236 Consultations

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