NY State — NY Real Property Actions & Proceedings Law

§ 903 — SECTION 903 Necessary defendants

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Statute text reproduced from nysenate.gov. Not attorney-reviewed for your situation — for reference only.

What is NY RPAPL § 903?

Quick Answer

This section outlines the necessary defendants to be included in an action concerning real property. It specifies various categories of individuals, such as those with an undivided share in the property, beneficiaries of future interests, and executors of estates. Applies to parties involved in real property litigation.

General informational summary. Not legal advice for your situation. Consult an attorney before acting on any specific matter.

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§ 903 SECTION 903 Necessary defendants

RPAPL § 903

Each of the following persons shall be made a party to the action:

1.Every person having an undivided share, in possession or otherwise, in the property, as tenant in fee, for life, by the curtesy or for years;

2.Every person entitled to the reversion, remainder or inheritance of an undivided share, after the determination of a particular estate therein;

3.Every person who, by any contingency, is or may become entitled to a beneficial interest in an undivided share in the property, provided that where a future estate or interest is limited in any contingency to the persons who shall compose a certain class upon the happening of a future event, it shall be sufficient to make parties to the action the persons who would have been entitled to such estate or interest if such event had happened immediately before the commencement of the action;

4.Every person having an inchoate right of dower in an undivided share in the property;

5.Every person having a right of dower in the property, or any part thereof, which has not been admeasured; and

6.An executor or administrator, where letters testamentary or of administration have been issued on the estate of the decedent from whom the plaintiff's title to the real property is derived, and the action is brought within eighteen months after such letters were issued; or where the person of whose estate the executor or administrator has been appointed should, if living, be a party to the action. If no executor or administrator has been appointed for the estate of such a person, that fact must be stated in the complaint.

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