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. 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 various websites like LegalServicesIndia, Lawrato etc. under heading “Joint-tenancy”.
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).