Sunday, March 16, 2014

My take on joint property: advise to all to keep clarity........

My take on joint property:   
One leading doctor Bhat in his 80's had come to me for an advise. He loved his son and daughter equally. So he  said that I am going to make my daughter and son joint owners of flats he had as flats were of different size and different area so valuation were different. 

It took long time to convince him that his sentiments does not work and in future a time  may come when heirs of brother (son) and sister ( daughter ) may not gel with each other and then your wish to keep them tied togather with a joint property may turn in to a reason for quarrel. 

Finally he gave one flat to daughter , one to son , one he kept in name of wife. I believe things settled without anyone going to court and relationship between son and daughters family is great even after 10 years of Dr Bhat's death. 

But at times situation can be different: 

One of the great person in the family purchases a property. Circumstances are such that unable to divide property and thus becomes co owned / joint.
The person purchases have a typically fatherly wish that his all sons / grandsons live together.
But as time passes all members get spread out and hence no scope of living together. Long time passes and then the closeness / intimacy / tolerance become difficult.
Some become busy and some do not hv vision and others have greed, some have need and others do not hv, some are having enough flare and time for  litigation, some hv relative specially piharside of new daughter in laws who may misguide / intervene ….and so on and finally property becomes disputed. And once disputed then andha pise kutta khaye.
Police, advocates, courts make money. In Indian conditions courts take decades .
Ambani, Birla, Tata to all families have had disputes. But they hv army of lawyers and staff to assist so they do not hv to spend time. They hv more than enough so expenditure is not a burden.
But in other cases in smaller families those in service can not take leave, those abroad can not come frequently to take care of joint property, they can not attend court, many employer will not see it right if their staff is in court ( and many disputes take ugly turn and become criminal offence which no  govt, and multinational will like and remove the person. The value of the property may be good so everyone expects big fees/tips/bribe which one of the person may not b able to pay or may not wish to pay or may not know to pay but those who pay may still get cheated , waste whole life, increase BP/ Diabetes/ stress/ heart ailment / depression and so on.
There are incidences where whole family / several ppl r in court. As time passes the number of legal heirs increases and there is no understanding and tolerance between them and things become difficult. If some co owners  or their children r abroad then can they come to settle disputes, do transactions, ………..and so on.
Ball is in everyone‘s court. It is all co owners and their family members call. Take it or leave it.
Why I am taking initiative?

Thanks and Regards,
Alok Tholiya,
09324225699 /   02226125699/26173203

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