Property Title Transfer to Legal heirs

Question

Our Mother have died without making any will and had left us a house (which she got from her mother through Registered will). I (aged 40) along with my two sisters (aged 45,36) are the legal heirs. Now I put my queries in order to explain our need and problem:
1. Firstly we want to keep the house jointly in our names as a single entity , just like it is done in case of “Tenacity in Entirety” (but is only for married couples)where both husband and wife are seen as single entity with both having 100% interest & 100% share(as mentioned also on Vidhikirya website). So Is there a way we can have “Tenacity in Entirety” in our case with all 3 of us as joint co-owners of the property with all having 100% interest & 100% share.

2. If “Tenacity in Entirety” is not possible in our case, then can we go with “Joint-Tenancy” in which the survivorship is applicable in case of death of co-owner. I am in Delhi & here the people are not aware of Joint Tenancy & they deny the concept of survivorship in case of death of co-owner in Joint-tenancy. They say that even in joint Tenancy the share will devolve to our legal heirs only & not the co-owner(ourselves), which is contrary to what is written on Vidhikirya website under heading “Joint-tenancy” (also on other websites like LegalServicesIndia, Lawrato etc.).
On the various websites like LegalServicesIndia, VidhiKirya, Lawrato etc., the concept of Joint Tenancy with survivorship is mentioned but in real the advocates & documentation people ae denying any such concept.

We all 3 want to go for Joint-tenancy with survivorship & not with devolution to our legal heirs (at least at present age).

Answer ( 1 )

  1. It is advisable to file a suit for declaration to that effect. The concept of Joint Tenancy with survivorship is to be proved by you showing the joint possession of the mother and father, devolving the same on the mother in the case of death of the father and the same being devolved on the legal heirs through succession.

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