You can be joint co owner
2) she can bequeath flat to you
3) if she died intestate brother can claim share in property
Spinster sister buying flat
My spinster sister has sold one house property. She wants to buy a flat. 1)Can i be a joint purchaser without any or little contribution for the purchase? 2)On her demise can I become sole owner of the flat? 3)Can my another brother claim to the flat as my sister is unmarried and should she die intestate?
Asked 5 years ago in Property Law
Religion: Hindu
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15 Answers
If she is ready to add you as a joint partner in the property, then you can become a joint purchaser even if you are not contributing to paying the purchase amount.
If she died intestate with out creating any document with regard to her share then her legal heirs (father, mother ,siblings) obtained her share .
1. Yes, you can be a joint owner of the property, which your spinster is going to buy without any contribution from your side, subject to her voluntary willingness for the same.
2. It depends on the narration in the sale deed as to "Tenancy in common" or "Joint tenants".
3. On the intestate death of your spinster sister, your brother will have equal share on par with other legal heirs in her property. However if you take care of (2) above, then your brother can't stake a claim in this joint property.
- Contribution is not the condition of joining as joint owner. You may contribute or not, it is the consent of parties.
- You can become owner only to the extent of you share in the property.
- If she dies without execution of will children of her brothers will get the property her share of property, not your share, as Class II heir at No. IV of Hindu Succession Act.
1. Yes, you can be a joint purchaser i.e. joint owner of the property , if she is ready for the same, and contribution is not a matter .
2. If you will become joint owner , then half share of the property will be devolved upon you , in the even of she died without leaving any WILL etc in your favour.
- Further, half of the property would be devolved upon your mother, father and other siblings.
3. Yes, if she died intestate.
Dear ma'am,
You can be a joint partner if you sister agrees to the same without any contribution from your end. Your share of that property will depend on the title of the ownership in the purchase deed.
Also, if she dies intestate then her legal heirs including her brother will have a share in the property according to the Hindu Succession Act.
1. If the sole contributor of the funds to the purchase of the said immovable property agrees to get the property registered under both the names jointly, there is no legal infirmity in it.
2. On her demise, her own class I legal heirs would be eligible to succeed to her estates, in the absence of class I legal heirs, the class II legal heirs can stake the claim over her share in the property.
You cannot become an absolute owner of the entire property automatically on her intestate death.
3. Yes. Read the above answer.
1. Yes.
2. No. Her class-I legal heirs . if any, would get her half share.
3. Yes.
Yes you can be joint purchaser but someone has your pay your share
I will take will from my sister in my favor. Now whether the will is to be in a sealed cover? and who is to have the possession of the same?
Asked 5 years ago
Will need not be deposited in sealed cover or need to be registered. An un-registered will or open will is equally valid. It can be deposited with any Advocate obtaining a receipt from him. A will can also be deposited in the custody of sub-registrar. If you decide to register the will, no stamp duty is required to be paid
Whether the Will is in a sealed cover or in your possession or with her itself, the Will shall come into force only after the lifetime of the testator.
Hence it makes no difference.
1. Registration of WILL is not compulsory.
2. However, if the WILL is registered in the Sub Registrar's Office, it will be kept in the sealed cover.
3. The Testator of the WILL can lodge a copy of the WILL in the sealed cover in her bank locker, other copy in sealed cover can be given to trusted relative or friend and another copy in a sealed cover in the Testator's home.
Will need not be on sealed cover
will can be kept with executor of will or with beneficiaries
Dear ma'am,
The presence of a sealed cover is not necessary for the execution of the will Also, it does not matter in whose possession the will is. However, it is ideally to be kept with you or your sister After the death of the testator, the will shall be in force.
Thank you.
- Yes, she can write a WILL in your favour for the same, and registered the same from the office of Registrar , however it is not mandatory to be registered.
- Further , as WILL is only executed after the death of testator only, hence she should give to you.