What rights do co-owners share?

All co-owners, joint tenants, tenants in common, or coparceners have equal rights to possess and use the whole property. If one pays for maintenance or repairs, they can claim reimbursement from others proportionately.

Can one co-owner transfer their share?

Yes, in tenancy in common, a co-owner can freely sell, mortgage, or gift their share, and the transferee inherits associated rights including partition. In joint tenancy, transferring a share severs the joint tenancy and converts it into tenancy in common.

How are shares distributed in Hindu coparcenary?

Under the Mitakshara system, coparcenary property is held jointly by birthright. Since the 2005 Amendment, daughters have equal rights alongside sons. Partition divides the property equally among coparceners (including daughters), regardless of generation.

What is joint property ownership in India?

Joint property ownership refers to two or more people owning a property together. The property can be owned either as joint tenants or tenants. The way ownership is structured can impact how the property is transferred, inherited, or sold.

How does tenancy in common differ?

Tenancy in common allows co-owners to have unequal shares, acquired at different times or deeds. Upon death, the share passes according to the owner’s will or intestate succession.

What is joint tenancy in India?

Joint tenancy is a form of co ownership where multiple parties hold equal interest under the same deed, at the same time, and with equal rights of possession. The defining feature is the right of survivorship. In the event of an owner’s death, their share goes to the living owners.

How long does a RERA case take?

Usually 6–12 months, faster than traditional court litigation.

Are out-of-court settlements possible?

Yes, many disputes dissolve through arbitration before testing.

Can NRIs check builder authenticity online?

Yes, via the state RERA portal.

Cookies on NRI Legal Services Sites

We use cookies for a number of reasons, such as keeping NRI Legal Services Sites reliable and secure, personalising content and ads, providing social media features and to analyse how our Sites are used.

Manage cookies