Did you not know? Co-owners’ property rights could differ between business partners and husband and wife. The tax effects of joint ownership of a property could bring benefits. Learn about the different types of joint ownership and learn about the implications.

Joint Property Rules in India

The term implies that when two or more individuals share ownership of a property and their shares are not divided but are united, it is known as co-ownership or joint ownership. It could refer to the co-ownership of property with parents, spouses, husbands, and business partners. The laws that govern the collective ownership of property are rooted explicitly in section 44 of the Transfer of Property Act of 1882. Owners of joint ownership in a property have common rights unless excluded from certain aspects of the common ownership of the property regarding possession, use, etc. Problems related to the joint ownership of property usually occur when there are disputes between the joint owners. In these situations, property lawyers can assist in resolving conflicts and protect the rights of co-owners of the property.

When purchasing a joint home through a bank loan, one should ensure all the required documents are in order. It is simpler to sign an agreement to share property ownership at once. If an owner needs to be added later, this can be accomplished via gift deeds or a subsequent sale of a particular part of the property. Anyone who is a co-owner of the property should ensure that they agree to the conditions and terms for the enjoyment of the property.

Types of Co-Ownership of Property

Joint Tenancy

It is the property ownership type, where every co-owner shares a share of the land. The right to survive is vital for a joint tenant, where the joint owner who stays with the other owner gets all the percentage of the joint owner who dies first. The co-ownership of property under joint Tenancy should not be shared between family members, as it could be shared with a stranger. An example could be an individual or group of friends who own the land jointly.

Tenancy in Common

Away from the idea of joint Tenancy when it comes to co-ownership of property, Tenancy in common grants an undivided stake in the house to every; in this case, the co-owner pays a distinct consideration (amount) in exchange for property and is based on which parts of the joint ownership of the property are established. In the case of five partners purchasing office space to run their businesses, the amount of ownership each owner/partner shall depend on how much consideration they pay, except if the judge decides otherwise. If one of the partners dies an untimely death, his and/his or/her legal inheritors will be the rightful co-owners in the number of assets owned by the partner who died.

Tenancy in Entirety

This is shared property ownership, whereby married couples jointly hold the property. The right of the property isn’t considered separate. However, the decision-making process is shared between both spouses. If one spouse wants to change anything to his interests on the land, approval from the spouse is unnecessary. One spouse’s shares go into the name of the other spouse in the event of death. For instance, if the husband and wife share ownership of a property and share the property jointly. Shares of the one who passed away earlier are transferred to the partner who is the survivor. Suppose an individual who is a co-owner of the property can dilute shares of those of the co-owner. In the case of joint ownership of property of spouses in Kolkata, the services of a legal professional in Kolkata can be of assistance.

Coparcenary

It is a belief only found in Hinduism whereby after a certain number of generations of owning or living in an ancestral home, the owners are entitled to a share in the property through birth or adoption. Sons and daughters share equally the traditional property as coparceners. All coparceners are joint owners and have equal shares of the property. Examples are co-owners who have grandparents, fathers, aunts, siblings, sons, daughters, and sisters and daughters, all of whom are members of the same Hindu family and possess an ancestral home.

Rights of Co-Owners of Property

By article 44 under the Transfer of Property Act 1882, There are three rights that an individual has having a share in the property, as shown below:

Right to Possession

Right to Use

Right to Dispose-Off Share

It is possible to observe that any of these rights might be limited to specific conditions stipulated in the joint owners’ agreement. For instance, the disposition of property owned by joint owners is subject to the approval of the property owners. However, these rights are limited to the portion of a co-owner in the majority of instances, unless it’s the instance of a married couple or otherwise.

Termination of Co-Ownership of Property

The joint ownership of a property could be ended through these routes

Voluntary Partition is when all the parties have a standard agreement to stop their common control of the property without the intervention of a court.

The Court can also terminate the Partition. This option is for co-owners who cannot peacefully reach the same podium when discussing the Partition.

A tenancy that is in full can end in divorce or the death of one spouse. It could also end with an agreement between the husband and wife.

Release or release deed in the case of family members who wish to transfer their property shares to an unrelated blood family member without requesting compensation.