• Property in joint names

We have a few Properties in joint names between husband and wife. We have a son and a daughter. As per rules (as far as my knowledge goes) on demise of husband or wife the 50% of the properties would be shared between son and the daughter. 

My questions are:
a) Does it matter as to whose name is first in the Agreement?
b) Can the husband and wife make a Will so that the whole property goes to either of the survivors in case of demise of one. And can the survivor sell the properties without interference from the children?
c) How do we go about making the Will.?
Asked 8 months ago in Property Law from Greater Mumbai, Maharashtra
Religion: Hindu
1) it is immaterial whose name is first in the properties 

2) joint will can be made by husband and wife 

3) consent of children is not required for sale of property 

4) get will drafted by local lawyer 
Ajay Sethi
Advocate, Mumbai
23291 Answers
1220 Consultations
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1. It is immaterial as to whose name is first or second. If the sale deed is registered jointly then the ownership is also joint. 

2. Any joint owner can make a will only to the extent of his own share in the property. A joint owner cannot bequeath the property absolutely.

3. Engage a lawyer to draft your will.
Ashish Davessar
Advocate, Jaipur
18158 Answers
449 Consultations
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it does not matter that whose name is given first because no privileged could be given to the first person in sale deed. you both are entitled to execute Will jointly. you can give property to any person because it is your self acquired property and your children cannot claim their share in your life time. 
Shivendra Pratap Singh
Advocate, Lucknow
2752 Answers
41 Consultations
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a) Does it matter as to whose name is first in the Agreement?

If a property is in joint names, both have equal rights in it until there is any specific mention about each individual's share in it. 




b) Can the husband and wife make a Will so that the whole property goes to either of the survivors in case of demise of one. And can the survivor sell the properties without interference from the children?

Yes, a Will can be written by both of them in the manner what you have stated, it is valid in the eyes of law. 




c) How do we go about making the Will.?

If you are not knowing about the legalities, better engage a lawyer with thorough knowledge on the subject to prepare a proper Will as per your desire. 


T Kalaiselvan
Advocate, Vellore
14069 Answers
127 Consultations
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