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| Name | Indian Kanoon - Can you sell your share of a joint property - LawRato |
| Video Uploader | Video From LawRato.com |
| Upload Date | This Video Uploaded At 13-07-2017 10:27:59 |
| Video Discription | http://lawrato.com is an interactive online platform that makes it faster and easier to find and hire the best Lawyers in any city / court in India. The term property in common parlance indicates the economic status of a person. Any property is held by an individual to draw out benefit from it. Transfers are made by owners themselves, ostensible owners and the co-owners or we can say joint owners. When two or more persons enjoy common ownership of a property, for example say in a coparcenary, the male members and now even daughters have a common and an equal interest in the ancestral property, any co-owner can transfer his own share in the property to a stranger or another co-owner. And that transferee steps in the shoes of the co-owner (transferor) and gets clothed with all his assets and liabilities. We can say that the transferee becomes the co-owner. Joint Ownership of Property is where 2 to 4 people share the legal ownership of a property. It could be married couples, unmarried partners, friends or family jointly owning. When joint owners purchase a property they have to choose how they will legally jointly own it; Joint Tenants or Tenants in Common. Section 44 of the Transfer of Property Act 1882 deals with transfer by a co-owner and it also deals with the rights of a transferee in this type of a transaction. According to the Transfer of Property Act every joint or co-owner has a proprietary right of the entire property. Hence, any sale has to be done with the consent of all co-owners involved. If, however there are specific conditions in the agreement that gives co-owners exclusive rights to certain parts/portions of the property, a co-owner can sell his portion to whom he chooses. However, a currently dwelling house is an exception to this rule, where consent has to be sought from both co-owners who jointly own the house. A co-owner is entitled to three essentials of ownership: • Right to possession • Right to use • Right to dispose off his share of the property if it is clearly stated, in the deed. Therefore, if a co-owner is deprived of his property, he has a right to be put back in possession. Advocate Praneeta Sharma can be consulted for further information at https://goo.gl/K2VYyL or by calling at +91-9599000555. |
| Category | Nonprofits & Activism |
| Tags | joint property laws | joint property in india | how to sell joint property | partition in property | partition in property law in india | lawrato | lawtv | indian kanoon |
