Distinctions Between Joint Ownership and Co-Ownership in Property Matters: Justice Roshan Dalvi
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- เผยแพร่เมื่อ 15 ธ.ค. 2022
- Distinctions Between Joint Ownership and Co-Ownership in Property Matters:
by
Justice Roshan Dalvi
Former Judge
Bombay High Court
#advocate #beyondlawclc #justice #highcourt #advocacy #cpc #supremecourt #ownership #jointownership #property
Thank you our Hon'ble Ladyship for valuable guidence it really helpful to clear and improve our knowledge,as well as in our judicial function .
Grateful for the lecture
Thank you ma'm, really great
Thank you madam. It was so well explained .
,great info..
Really very helpful for understanding the difference.
Please advise guide
Regarding
Tenancy property
Can a joint holder sell his share of property
Buyer ready to buy that half share landlord ready to transfer but he requires some case study or court judgment to support
Please help
Three persons have unequal share in a land.
Ownership hasbeen created by a common deed.
Can one of the three persons transfer his share in favourod the other two by a release deed.
This property is in up
one property purchased by two persons subsequently partioned between then unequaly. Sale deed does not describe shares. is this partition valid? any tax liability. Please answer.
How can one know if a flat owned by mother and son is under joint ownership or tenancy in common? The registry of the flat lists the son and mother as buyers without any mention of percentage share in the flat.
Joint ownership
@@santhoshsantu2854, thanks for your reply. In joint ownership of a flat with my mother, will I (her son) automatically become the owner after her demise. Or I need to go through the civil court to become the owner?
Yes you are correct, after your mother demise you will be the sole owner of the property
@@santhoshsantu2854, ok. Do I need to get a new registry deed made or the original deed in which my mother and myself were joint ownership of the flat?
Old purchase deed is enough, you need not to make new registry, you can just submit death certificate of you mother after her demise and you can change title by your name
Thank you. Survivorship should be for 4 generations. HUF can include females as well. This could be between father and his children. Daughters are not excluded wholly. Daughters were entitled through their mother, popularly known as " Manjakani".
Personally, the landed properties should have been avoided in matters of succession or inheritance. The reason is the division breaks the holdings and let in strangers as in most of the cases the properties are dealt with. Division of homes lead to sons becoming homeless. In one way the women 's right is assured, at the same time, the very essence of Hindu law has been destroyed by these legislations. We need to evolve a better mode to save homes. Now, sec 6 destroys the very concept of coparcenery . If Daughters are treated as coparceners, could her heirs demand a right by birth?. Look the status of a mother, she has very little share compared to her children. Legislation in the present form is highly incongruous and harsh on "mothers"
What about father,who put in class 2 heir in case of male died intestate, is it not injustice to father
Parliament expected father and mother to live together peacefully. Imagine, the male deceased has a wife and son and living parents. half of it goes to the parents the ones in the line of succession will get less and the ultimate benefit reaches the hands of siblings to the deceased after the demise of the parents.
Take another harsh case. If the deceased son has a wife & parents and no children, after the demise of the in-laws, she gets to have nothing