What happens to a jointly owned house when someone dies?

I have seen that people sometimes misunderstand how jointly owned property must be handled after one individual’s passing. Because they frequently believe that the remaining owner will inherit everything. But don’t worry, this answer will guide you about your query in detail. So keep on reading to know what happens to a jointly owned property if one owner dies India.

What happens when a co owner of a house dies?

Let me explain the rights of joint owners of property with an example:

Consider the property was jointly owned by your mother and father. If your father didn't leave a will naming his portion throughout his lifespan, it will be divided equally among all of his heirs. It includes his widow and all of his children after his death. As a result, your mother doesn't really necessarily get ownership of the property. She holds a 50% ownership interest in her own share and a 1/3 interest in her late husband's share.

All of his legitimate heirs must request a change to the property documents upon your father's passing. It will be necessary to submit a mutation request to the regional registrar together with the original title deed, and your father's death certificate. You must present any other record that lists your deceased father as your mother's husband.

You are now aware of what happens to a jointly owned property if one owner dies India.

It did happen in our neighborhood only where after the death of an owner, the co owner thought that the whole property was his and even started to sell the whole house until the legal heirs of the dead man came to take their share. It was then I got to know that

if a property is in joint names and one dies, as per tenanc

y-in-common agreement, the other co-owner is not going to be the sole owner but the share is to pass to the legal heirs of the deceased. Since there are many rules and agreements, I would like to tell you the norms for each one of them as much as I can, here.

If property is jointly owned what happens on death?

• In Joint tenancy, the property will pass to the other owner.

• In case of death of a spouse, the property can be transferred in two ways:

1. Through partition deed or settlement deed in case there is no will

2. Through the will executed by the person before his or her death

• As per tenants-in-common agreement as well, the property will not get transferred to the other owner

Joint property after death cannot be sold easily. You need to check out the type of will or ownership mentioned and have discussion with experts to proceed. If you are the spouse, you do have the right on the property but if you are a tenant or other relatives, do not think that you will get the joint property ownership after death of the other co owner.

It is better to seek expert advice from a lawyer and then only proceed or things can go wrong. These are the facts to know if property is jointly owned what happens on death.

Read More:

If the property is owned by more than one individual, it is known as joint ownership of property. Co-owners means the property’s all owners. A co-owner has the right to dispose off the property, right to use, and right to possession. The term co-owner includes all types of ownership like membership of Hindu undivided family, tenancy in common, joint tenancy, coparcenary, Tenancy by entirely, etc. Let me tell you what happens to a jointly owned house when someone dies.

After the coparcener's death, their property’s undivided share passes on to their heirs and not to the other coparceners.

After a co-owner’s death, his share in the property doesn’t pass to the other co-owners but the individual named in the deceased’s will.

After the death of a joint tenant, their share automatically passes on to the living joint tenants. However, every co-owner should’ve taken the property’s possession with equal interests and at the same time in the same deed.

When a co-owner dies, the share of ownership passes on to the living co-owner automatically. Besides having acquired the possession in the same deed and at the same time, the two co-owners need to be married as well. The right of survivorship is offered by Tenancy by the entirety.

Now you know what is known as joint tenants with right of survivorship.

Read more:

This is all on the joint ownership of property India.