Tenancy in common

Prashanth Hs (Querist) 17 June 2025 This query is : Resolved
Hello everyone,

I’m in the process of purchasing a 50% undivided share in a commercial property in Karnataka. The current owner holds the entire property in his name, with a registered sale deed.

I have a few questions and would appreciate your expert guidance:

Is it legally permissible to register a sale deed for a 50% undivided share in such a property?

Post-registration, will both co-owners (the seller and I) be reflected in the Encumbrance Certificate (EC)?

One of the lawyers I consulted mentioned that the Kaveri online portal does not allow entering two owners for the same property. Is that accurate, or is there a way around it when it comes to co-ownership or tenancy in common?

If tenancy in common is valid and recognized in Karnataka (as per Section 44 of the Transfer of Property Act), what key legal or procedural aspects should I ensure from the buyer’s perspective?

Thanks in advance for your time and inputs.

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Quick Summary

This discussion explores the legalities of purchasing a 50% undivided share in a commercial property in Karnataka under tenancy in common. Key questions revolve around the validity of registering a sale deed for a partial share, inclusion on the Encumbrance Certificate, and potential limitations of the Kaveri online portal for co-ownership. The advice highlights that while selling an undivided share is permissible, possession rights are only secured after a formal partition. It's recommended to consult a local lawyer for specific guidance on partition agreements and legal procedures.

T. Kalaiselvan, Advocate (Expert) 17 June 2025
You have posted the same question in a different thread in the forum section of this website today itself, you may visit tht thread to know more answers including my anser to your question.
Avoid repeating the same question in different threads of this website

kavksatyanarayana (Expert) 17 June 2025
A co-owner can sell their undivided share in property, but the purchaser will not have possession rights until a formal partition occurs. Co-owners should seek a partition agreement or court decree to clarify ownership and possession rights before proceeding with any sale.

Dr. J C Vashista (Expert) 22 June 2025
Repeated.
You may refer response of experts in original thread and avoid repition of same story.
If you are not satisfied with the obligation of experts, being FREE OF COST, it is better to consult and engage a local prudent lawyer for proper appreciation of facts, professional advise and necessary proceeding.

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