Can heirs claim property rights if it’s jointly owned?

If a property is jointly owned by two individuals under the Condominium Act, and one of the joint owners passes away, does the surviving joint owner automatically inherit the entire property? The deceased joint owner had children from a previous marriage, and now they are claiming rights to the property. Can the heirs of the deceased joint owner claim a share of the property despite it being jointly owned?

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Advocate By LEAD INDIA Answered: 09 Apr 2025


If the property is jointly owned, the surviving joint owner typically inherits the deceased's share due to the right of survivorship. The children from the deceased's previous marriage cannot claim a share unless there are specific legal provisions, like a will, entitling them to it. Consult a lawyer for clarity. For further legal assistance contact us on our helpline number.
 

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