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
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 years ago in Property Law
Religion: Hindu
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4 Answers
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.
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.
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.
