Distribution of jointly held property after death of one member
There is a property on my fathers and mothers name, meaning both their names are present in the deed. I have one sister. Now my father died.
I want to know whether my mother automatically becomes the owner now of the entire property, or each of us including my sister have 1/3rd share each. Or it is that 50% of the property still belongs to my mother as her name is in the deed. And the remaining 50% owned by father previously is only sharable across my mother, my sister and myself. FYI, there is no will. And the propety is 2 storied house on 5 cottahs of land.
Asked in Property Law from Kolkata, West Bengal
Since the Property belongs to both your father and mother jointly both of them are the owners . Upon death of your father your mother becomes the absolute owner of the property. Now the option left out is to divide the property by metes and bounds through a registered partition deed amongst your mother yourself and your sister.
1) on your father demise your father 50%share in property would devolve on your mother , you and your sister equally .
2) your mother does not become absolute owner of property .
3) your mother would be absolute owner only if you and your sister relinquish your share in property by registered relinquishment deed
A. Your father and mother are the joint owner of the property. In the absence of your father, your mother, you and your sister will have equal share over your father's property.
B. Your mother does become the absolute owner in the event of your sister and you released the share by execution of registered release deed in favor of your mother.
Hi, your mother is the absolute owner of property to an extent of 50% of her share and after the death of your father remaining 50% will devolve to your mother, sister and your self and she can't be absolute owner of the property.
1) Upon the death of your father the mother being the joint owner becomes absolute owner of the 50% of the entire property.
2) Of the other 50% all three of you have equal share(1/3 each)
3) If you want your mother to become the absolute owner you siblings have to relinquish your right/share in the property.
1. Your mother is the sole owner of 50% of the said property being its joint owner alongwith your deceased father,
2. All three of you being yourself, your mother and your sister have equal share on 50% of the property which was owned by your deceased father.
Upon the death of your father your mother becomes the owner of 50% of the property
The other 50% that is your father shall devolve equally among all legal heir.Hence your mother, sister and you shall have equal share(1/3) on property
Advocate, New Delhi
So if all 3 of our signatures are needed for sale of the property do we need to prepare any legal document prior to sale or just putting all our signatures in the final agreement of sale will work. Is there any way the property can be sold without my sister's signature
Asked 2 years ago
you have to get your names mutated in the municipal records showing you all are the heirs upon death of your father. once mutation has been done you all may execute a sale deed jointly. in case you cannot get your sisters' signature on the document she may authorize you by way of power of attorney. in case she wants to opt out of the property she may execute a relinquishment deed in your mother and your favor.
a. Your mother is the absolute owner of 50% of the said property since its joint owner along with your deceased father,
b. All the legal heirs are entitled, so your mother and your sister have equal share on 50% of the property which was owned by your deceased father.
1) firstly on your father demise apply for mutation of father 50% share in the name of legal heirs ie your mother , you and your sister
2) enclose copy of death certificate of your father .
3) on fulfillment of formalities your father share would be mutated in name of legal heirs
4) sale deed has to be signed by all the legal heirs .
5) in case your sister is unable to execute the sale deed obtain registered POA of your sister in your favour for said purpose
A. You need to get mutation in favour of all 3 members of your family in respect of your father's 50% Share of producing death certificate of your father, certified family tree and notarized affidavit.
B. Once a mutation procedure completed, your sister can release her portion share by register release deed in favour of you and mother.
C.In the absence of Release Deed, your sister's signature is mandatory while executing a sale deed or you can obtain a GPA from your sister to complete this task.
1. Your father and mother were the joint owners of the property. After the demise of your father his share devolved equally on all his heirs i.e his widow and all children equally if he did not make a will of his share during his life time.
2. So your mother does not automatically become the owner of the entire property. Her ownership is to the extent of 50% of her own share and 1/3rd share in the share of her deceased husband.
1. After the demise of your father all his legal heirs should apply for mutation of the property records.
2. Mutation application will have to be made to the local registrar by annexing the original title deed, death certificate of your father, the birth certificates of you and your sister and any document which reflects your deceased father's name as the husband of your mother.
3. The sale deed will require your sister's signature. In the alternative your sister can execute a Power of Attorney in favour of you or your mother to represent her before the registrar at the time of execution of sale deed.
1. All of you should apply for mutating the title of 50% of the property in the name of all three of you,
2. Though it is not mandatory that before selling the same you should mutatate it in your name still it is proper to first get it mutated in the name of the subsequent owner of the property after the demise of your father,
3. After that you can register Agreement for sale as well as sale deed in favour of the buyer wherein all of you shall have to sign,
4. Alternatively, a POA can be signed and registered by two or one of you in favour of any one of you who will finally execute and register the sale deed for and on behalf of all of yoy.
you have vested interest in said property so you have two options :-
1. you can claim partition and separate your share.
2. muted said property in the name of all legal heirs and live jointly with joint share. In this option you will benefited you with two ways firstly your share shall remain in the property and secondly after death of the mother you can claim for 50 % share if she died intestate.