VIKAS GARG (LAWYER) 11 March 2009

joint tenants and tenents in common

what is difference between joint tenants and tenents in common? and what are implications of their relations?

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5 Replies

sreedhar (advocate) 11 March 2009

Hi,

Joint Tenants

Where co-owners hold the beneficial interest as joint tenants, none of the owners will be entitled to a distinct or separate proportion of that interest. An interest in a joint tenancy cannot be left by will, the deceased share passing automatically to the surviving joint tenants.

Tenancy in Common

Where a tenancy is in common, each co-owner holds a quantified proportion of the beneficial interest which is capable of being disposed of by will or passes on the intestacy of the decease tenant.

Thanks and regards,

Sreedhar.R

ritu bhadana (advocate) 11 March 2009

i agree with mr. sreedhar

RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA) 12 March 2009

Mr. Sreedhar wxplained both terms in a gud way. I do agree with his views.

VIKAS GARG (LAWYER) 12 March 2009

thanks sreedhar sir. one more thing i want to know that whether any joint tenant can sell property when other joint tenants are not ready to sell it.

how procedure of sale is different (of both)?

sreedhar (advocate) 13 March 2009

Joint Tenancy : No partner can sell the property if the other partner is not willing to sell because the property is not defined between them. So, obviously he cannot sell the undefined property. If a partner dies, the surviving partner will get the interest over the property of the deceased partner. Then he can sell the property.

Thanks and regards,

Sreedhar.R