In a jointly owned property, co-owners have certain rights and responsibilities, which are governed by Indian law. Co-ownership arises when two or more people share ownership of a property. The rights of co-owners in a jointly owned property are determined based on the nature of ownership, such as joint tenancy, tenancy in common, or coparcenary (for Hindu Undivided Family). Understanding these rights is crucial, especially in situations like selling, transferring, or partitioning the property.
Here is a detailed explanation of the rights of co-owners in a jointly owned property:
1. Right to Possession
- Each co-owner has the right to possess and use the entire property, not just a specific portion, unless there is an agreement that assigns separate portions of the property to each co-owner.
- No co-owner can exclude the others from any part of the property. All co-owners share equal rights to the use and enjoyment of the property.
2. Right to Transfer or Sell Their Share
- A co-owner has the right to transfer, sell, or mortgage their share of the property without the consent of the other co-owners.
- However, the transfer or sale will only apply to the co-owner’s undivided share. The buyer will also become a co-owner, sharing the same rights as the previous co-owner.
- In cases of Hindu Undivided Family (HUF) properties, consent from other coparceners may be required under certain circumstances.
3. Right to Partition
- Co-owners have the right to demand a partition of the property. Partition can be done either by mutual agreement or through legal proceedings.
- In the case of a partition, the court will divide the property into separate portions. If physical partition is not possible (e.g., due to the nature of the property), the court may order the property to be sold, and the proceeds distributed among the co-owners in proportion to their shares.
- After partition, each co-owner gains exclusive ownership over their portion of the property.
4. Right to Rent or Income from the Property
- If the property is rented out or generates income, each co-owner has the right to a share of the rental income in proportion to their ownership share.
- If one co-owner is solely receiving the rent or income, the other co-owners can claim their share legally.
5. Right to Contribution for Maintenance
- All co-owners are responsible for the maintenance, repair, and upkeep of the property. Each co-owner must contribute to these costs in proportion to their ownership share.
- If one co-owner bears the cost of maintenance alone, they have the right to demand reimbursement from the other co-owners for their respective shares.
6. Right to Mortgage or Pledge
- A co-owner has the right to mortgage or pledge their undivided share of the property as collateral for a loan, but this action cannot affect the ownership rights of the other co-owners.
- The mortgage will only apply to the portion owned by that particular co-owner.
7. Right to Joint Ownership after the Death of a Co-Owner
- In the case of joint tenancy, if one co-owner dies, the surviving co-owners automatically inherit the deceased co-owner’s share through the right of survivorship.
- In the case of tenancy in common, when a co-owner dies, their share is passed on to their legal heirs as per their will or the laws of succession.
8. Right to Sue for Injunction
- If one co-owner is denied access to the property by another co-owner or if any illegal construction or encumbrance is placed on the property without their consent, the affected co-owner can file a suit in court for an injunction to protect their rights.
- They can also seek compensation or damages in case of loss or injury caused by the actions of another co-owner.
9. Right to Enjoyment of the Entire Property
- Each co-owner has an equal right to enjoy the entire property, regardless of their share. For example, if three individuals co-own a house, each has the right to use the entire house, and none can restrict another from using any part of it.
- This principle holds unless there is a specific agreement that defines separate portions of the property for each co-owner.
10. Right to Object to a Sale by Other Co-Owners
- A co-owner has the right to object to the sale of the entire property by another co-owner without their consent. No co-owner can sell the entire property without the consent of all co-owners.
- However, a co-owner is free to sell their share of the property, but the buyer will become a co-owner of the undivided share.
11. Right to Seek Partition Even in Tenancy in Common
- In the case of tenancy in common, co-owners own separate but undivided interests in the property. This means that one co-owner may still seek partition or division of the property if they do not wish to continue joint ownership.
- Even though each tenant in common owns a specific share of the property, there is no physical division unless partitioned by the court or through a mutual agreement.
12. No Exclusive Ownership Unless Partitioned
- No co-owner can claim exclusive ownership over any part of the property until it is partitioned. The property remains as an undivided whole, with each co-owner owning a share.
- This also means that none of the co-owners can individually sell or alter a part of the property without the consent of others or without a formal partition.
13. Obligations of Co-Owners
- Co-owners also have certain obligations, such as contributing towards property taxes, maintenance, and repairs.
- They must not interfere with the peaceful enjoyment of the property by other co-owners.
FAQs on Co-Ownership of Property
- Can one co-owner sell the entire property without the consent of the others?
- No, a co-owner cannot sell the entire property without the consent of the other co-owners. They can only sell their undivided share.
- What happens if one co-owner refuses to maintain the property?
- If one co-owner refuses to contribute to maintenance or repair costs, the other co-owners can claim reimbursement from that co-owner for their share of the expenses.
- Can I evict a co-owner from a jointly owned property?
- No, you cannot evict a co-owner from a jointly owned property. All co-owners have equal rights to possess and use the property unless otherwise agreed upon or partitioned.
- What happens to a jointly owned property after the death of a co-owner?
- In joint tenancy, the deceased co-owner’s share passes to the surviving co-owners through the right of survivorship. In tenancy in common, the deceased co-owner’s share passes to their heirs according to their will or succession laws.
- Can one co-owner construct on jointly owned property without permission from other co-owners?
- No, a co-owner cannot construct or alter the property without the consent of other co-owners, as this would affect their rights.
These rights and obligations ensure that co-owners can jointly manage the property while maintaining individual interests. However, disputes may arise, and in such cases, legal recourse like filing for partition or mediation can help resolve conflicts between co-owners.
Disclaimer: This information is intended for general guidance only and does not constitute legal advice. Please consult with a qualified lawyer for personalized advice specific to your situation.
Advocate J.S. Rohilla (Civil & Criminal Lawyer in Indore)
Contact: 88271 22304