• Will of a property in joint name

Greetings. A property that I bought using my own income, was registered in joint name of myself and my wife. In the Deed (when I bought the property from the seller), there is no mention about the extent of my and my wife's ownership in the property. Am I still the full owner? Or, does the property ownership automatically gets equally divided between me and my wife?

I am a senior citizen now and want to write a Will. Can I write a Will for the whole property or only for part of the property. 

Thanks.
Asked 5 years ago in Property Law
Religion: Hindu

First answer received in 10 minutes.

Lawyers are available now to answer your questions.

31 Answers

1. Under the Transfer of Property Act, the Title-Ownership is vested with the party who has actually documentarily financed the property and also reflected /declared the same in his own income tax returns.

2. IF above is not done, THEN the law deems that Title Ownership is 50% each between the party.

3. By virtue of above point 2, and depending on point 2, you can write your WILL for 50% share of your property, but only to your own legal heirs.  Since the property is one single unit, You will not be able to WILL it to any outsiders, Trusts, NGO, etc....

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

You and your wife are joint owners of the property. You both have equal share in the property. 

You can write will for your undivided share in the property.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

You and your wife have equal share in property 

 

you can execute will for your share in property only 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

As per  section 8,9,10,14,15 and 16 of Hindu Succession Act 1956 , your wife holds equal rights in the property. You may WILL half of the property which is held by you and your wife jointly in the sale deed.


You may writ WILL of part of the property not entirely as your wife has also equal rights, interest and shares as per the law.

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

in absence of any mention in the sale deed as to the extent of share held by each co-owner, it will be presumed that both co-owners hold 50% share each

Yusuf Rampurawala
Advocate, Mumbai
7899 Answers
79 Consultations

Actual owner is who has contributed in purchase but In documents, wife is joint owner. Both have half share as per sale deed.

You can write the Will but it can be objected by other legal heirs if you are disown them.

So draft Will properly, mention how you contributed in purchase. Give detail of payment mode.


Can bequeath whole property.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

You and your wife are equal share holders in the property if the specific %age of ownership is not mentioned in the deed

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

Dear Sir.

In the absence of express division of the property, it is assumed to be 50-50 for both husband and wife, Now, you may write the joint will but do mention that it was the property self acquired by you 

Ganesh Singh
Advocate, New Delhi
7169 Answers
16 Consultations

Dear sir,

The property stands equally divided between you and your wife.

You can will only in respect of 50% undivided share in the property. 

Best wishes.

Agam Sharma
Advocate, New Delhi
617 Answers
6 Consultations

The names mentioned in the sale deed as purchasers are considered to be its owner in equal share. 

However if the percentage of share is different then it has to be specifically mentioned in the sale deed and no presumption is to be taken.

Therefore in your case both you and your wife is entitled to it in equal share. 

Therefore your Will has the effect in respect of your half share only. 

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

Since the property was bought by a registered sale deed jointly on both you your wife's name,  it becomes the joint property with both of you having equal shares in it .

You can make a testamentary disposition by writing a Will insofar as your share in the property. 

 

T Kalaiselvan
Advocate, Vellore
89976 Answers
2492 Consultations

1. You are not the full owner, as per record. 

2.  It goes without saying that you and your wife own the property jointly in the ratio of 50% each.

2. Since you are a joint Owner with your wife, you can execute a WILL to the extent of 50% of your share in the property.

Shashidhar S. Sastry
Advocate, Bangalore
5623 Answers
339 Consultations

- Since, the said property is registered in joint name , then legally you are having half share in the said property , and you cannot transfer whole property without getting a Release deed or Gift deed from your wife. 

- Further if she is not ready to release her share , then you will have to file a Declaration suit before the court , on the ground of invested fund by you to purchase the said property. 

- Hence , you cannot write a WILL for the whole property , but can transfer you half share to anyone by way of WILL , even without the consent of your wife , and even you both are joint registered owner. 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

Is she is a common owner then she may claim right. But if she is only co applicant of loan not contributing anything then she may claim. You need to prove in court bi filing suit that the property was taken from your funds and she is only there for name sake

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

It would not pass on to your wife if as per your will your son is the beneficiary 

 

 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

No problem. 

It won't pass if you will your property to your son though registration is not compulsory but I would advice you to register the WILL with sub-registrar office for more authenticity and powerful security steps towards your son after your demise. 

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

You can bequeath your property,  in case of dispute, he will file declaration suits 

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

Your wife is the co owner of the property and  she owns 50 percent of the property.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

You share shall be divided amongst your children and wife.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

1. Before answering your question, the narration in the Sale Deed has to be looked into, as to whether it's mentioned as "Joint Tenancy" or "Tenancy in common".

2. In case of "Joint Tenancy" in the narration of the sale deed, if one joint tenant dies, the other joint tenant inherit the deceased tenant's interest in the property.

3.  However, in case of "Tenancy in common" in the narration of the sale deed, if one tenant dies, the deceased tenant's ownership rights are passed on to his legal heirs. In such a case, you can execute a WILL in favour of one of your children, to the extent of your share in the joint property

4.  Based on the above clarification, you have to go through the sale deed and then decide on the course of further action.


1. Before answering your question, the narration in the Sale Deed has to be looked into, as to whether it's mentioned as "Joint Tenancy" or "Tenancy in common".

2. In case of "Joint Tenancy" in the narration of the sale deed, if one joint tenant dies, the other joint tenant inherit the deceased tenant's interest in the property.

3.  However, in case of "Tenancy in common" in the narration of the sale deed, if one tenant dies, the deceased tenant's ownership rights are passed on to his legal heirs. In such a case, you can execute a WILL in favour of one of your children, to the extent of your share in the joint property

4.  Based on the above clarification, you have to go through the sale deed and then decide on the course of further action.


1. Before answering your question, the narration in the Sale Deed has to be looked into, as to whether it's mentioned as "Joint Tenancy" or "Tenancy in common".

2. In case of "Joint Tenancy" in the narration of the sale deed, if one joint tenant dies, the other joint tenant inherit the deceased tenant's interest in the property.

3.  However, in case of "Tenancy in common" in the narration of the sale deed, if one tenant dies, the deceased tenant's ownership rights are passed on to his legal heirs. In such a case, you can execute a WILL in favour of one of your children, to the extent of your share in the joint property

4.  Based on the above clarification, you have to go through the sale deed and then decide on the course of further action.


1. Before answering your question, the narration in the Sale Deed has to be looked into, as to whether it's mentioned as "Joint Tenancy" or "Tenancy in common".

2. In case of "Joint Tenancy" in the narration of the sale deed, if one joint tenant dies, the other joint tenant inherit the deceased tenant's interest in the property.

3.  However, in case of "Tenancy in common" in the narration of the sale deed, if one tenant dies, the deceased tenant's ownership rights are passed on to his legal heirs. In such a case, you can execute a WILL in favour of one of your children, to the extent of your share in the joint property

4.  Based on the above clarification, you have to go through the sale deed and then decide on the course of further action.

Shashidhar S. Sastry
Advocate, Bangalore
5623 Answers
339 Consultations

If you bequeath your share of of property to the named beneficiary, then the beneficiary shall acquire the property after your lifetime.

It will not automatically go to your wife.

T Kalaiselvan
Advocate, Vellore
89976 Answers
2492 Consultations

1. Your share will not automatically pass to your wife , in absence of will your legal heirs will have equal share in property in case you make a will the beneficiary shall have complete rights.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Dear Sir,

After writing of the WILL of your share to the child, the said share will not go the wife automatically by any means.

Ganesh Singh
Advocate, New Delhi
7169 Answers
16 Consultations

If you have will it will passon as per will and not automatically

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

Dear sir,

Your property will not pass on to your wife in case you have written a valid will.

Please ensure that all the requirements of a valid will have been complied with in order to ensure that the same is not invalidated in the event of it being challenged later by your wife.

Best wishes.

Agam Sharma
Advocate, New Delhi
617 Answers
6 Consultations

Yes you can write a WILL nad get it registered. Than property will not go to your wife 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

- Yes, legally you can write a WILL in favour of your children for your share , and your wife cannot claim over the same legally. 

- But , if you died without written a WILL , then she can claim her right over the said share . 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

You can only dispose off your share in the will.

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

it is always better execute registered will Or gift deed in favour of your children 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

1. No you are not owner of full property because if joint ownership with your wife.

2. If percentage of ownership is not mentioned then it is assumed that both owners have equal share in the property.

3. You can write will for your share only.

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

1. Both of you have a 50% share each in the property.

2. You are free to make a will to the extent of your share in the property.

3. Unless your wife executes a release deed of her share in your favour, you lack legal competence to make a bequest of the entire property.

4. Your share will devolve according to will, and not natural succession, if you make a will.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer