Legal Question in Real Estate Law in India
Can a joint owner sell or lease property without other owner's consent in India? What happens to the property after one of the joint owner's death? Can a joint owner nominate his legal heir for property after his death and whether he/ she ll get the share or everything will go to the other joint owner?
2 Answers from Attorneys
he can sell or lease the portion of property owned by him. joint owner can nominate otherwise the property goes to the legal heirs.
You have come up with multiple questions:
Can a joint owner sell or lease property without other owner's consent in India?
No, he cannot sell or lease joint property. As per latest judgment laid down by the supreme court, the co owner must ask for partition first before selling or parting away with any portion of the joint property.
What happens to the property after one of the joint owner's death?
the share in property will devolve upon the deceased's legal heirs as per the WILL or the succession law, as the case may be.
Can a joint owner nominate his legal heir for property after his death and whether he/ she ll get the share or everything will go to the other joint owner?
He may nominate his legal heir by way of written WILL so that legal heir will inherit accordingly. Every thing will not go to the other joint owner. If there is no will the share of the deceased will be divided amongst all the legal heirs of the deceased