Community › Forums › Legal Advice India › Am I a Co-Owner of My Family Property or Just a Legal Heir?
- This topic has 11 replies, 7 voices, and was last updated 1 year, 3 months ago by
Miteshdude914.
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UUser_77bb3ad2
PARTICIPANT
March 2, 2025 at 3:12 pmHi everyone, I have a question about property ownership and inheritance.My father (Rahul Sharma) passed away, and after his death, the property was transferred to my mother (Priya Sharma). However, the property documents also include my brother (Amit Sharma) and me (Vikram Sharma) along with my mother.
Additionally, the property tax records list the names in this order:
1. Priya Sharma (Mother)
2. Vikram Sharma (Me)
3. Amit Sharma (Brother)
4. Rahul Sharma (Father – Deceased)Iโm trying to understand:
1. Are my brother and I co-owners of the property along with my mother?
2. Or are our names included only as legal heirs for future inheritance?Does the inclusion of our names in the property tax records confirm ownership, or does full ownership still remain with my mother?
If anyone has experience with this or legal knowledge, Iโd really appreciate your insights. Thanks!
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SSilentseeker4914
PARTICIPANT
March 2, 2025 at 3:18 pmTo answer this, reading of property documents is necessary. -
UUser_233e2a83
PARTICIPANT
March 2, 2025 at 3:21 pmLawyer here.Need to know the specifics of the document.
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UUser_77bb3ad2
OP
March 2, 2025 at 3:27 pmWe had transferred the property after 3 years of my father’s death and there was no deed or any will. So we had to put out an application in court first and then went to municipal corporation to transfer the property in name of my mother.
The new tax receipt and other documents of transfer have name of us three Mother/Me/my brother.
So I am confused since our names are after my mother then would it be considered as heir or co owners ?-
MMiteshdude914
PARTICIPANT
March 2, 2025 at 9:30 pmYes, you are co-owners. I have the same paperwork due to dad passing away without a will. Self acquired (non ancestral) property goes to wife + children together when there’s no will.
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UUser_233e2a83
PARTICIPANT
March 2, 2025 at 3:22 pmYour father might have a clause wherein the property passes to you and your brother only after the lifetime of your mother.-
UUser_77bb3ad2
OP
March 2, 2025 at 3:28 pmMy father did not had any will or deed as such .
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UUser_61bddb0f
PARTICIPANT
March 2, 2025 at 3:23 pmYes ,all three of you are equal co owners of the property. Source – Recently sold a property which was in my late father’s name. -
UUser_233e2a83
PARTICIPANT
March 2, 2025 at 3:32 pmif there was no will, you all are co owners , class 1 legal heir, but again there has to more specific document/details required. -
UUser_9f41f3b6
PARTICIPANT
March 2, 2025 at 3:39 pmThis can be a future ownership list. There is a section to fill this, so you are not a co-owner for now.-
MMiteshdude914
PARTICIPANT
March 2, 2025 at 9:32 pmWrong. Future owners do not appear in this paperwork – OP is most likely referring to a legal heirship certificate and it refers to the deceased person’s heirs, not the alive mother’s heirs. Everyone on the list co-own the property. This happens in cases where a man dies without a will – property goes to their wife + children under hindu and christian law both.
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IIndianhero7294
PARTICIPANT
March 2, 2025 at 5:32 pmU all are joint owners as per Hindu Sucession Act particularly known as class-1 legal heirs..Lawyer this side.
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