Hi All,
I have a house in U.P. which has 3 names in the Registry & Sales Deed document. How do I know whether this Registry is Joint Tenancy or Tenancy in Common ? By default, Registry in U.P. / India is joint tenancy or tenancy in common ?
Rajni (djjd) 29 August 2014
Hi All,
I have a house in U.P. which has 3 names in the Registry & Sales Deed document. How do I know whether this Registry is Joint Tenancy or Tenancy in Common ? By default, Registry in U.P. / India is joint tenancy or tenancy in common ?
adv.raghavan (Advocate,9444674980) 29 August 2014
Your query lack certain details, Indian courts are normally not in favour of declaring a particular co-ownership as joint tenancy, unless the intention of the parties is clear. Thus, words such as “transferees take the land jointly/ as joint tenants/ in joint tenancy” or “the land is transferred to the transferees jointly or to the survivor of transferees” should be used to clearly indicate intention.
Joint tenancy: Each will have equal share in the property
Tenancy in common: If there is more than one owner, each share will mentioned specifically.
Only on perusal of the documents we can come to a conclusion.