It is becomes very crucial when someone wants to separate out their share from joint ownership of property. In these cases, property lawyer recommends for filing partition in the court.Joint ownership, when the property or land is owned by more than one person it is called as Joint ownership. Partition is the best solutions for these kinds of disputes which is unavoidable in such properties. Partition is a process of division of a joint property among co-owners so that each person gets their share and becomes the owner of the share allotted to him. It is generally effected by dividing a property according to the shares to which each of the parties is entitled. Each divided part gets a new title for property and each share holder can gives up his interest in the property in favour of any others person. Therefore, partition is a combination of transfer and surrender of certain rights in the estate except those which are easement in nature. Any co-owner of the property can transfer his own share to any person or another co-owner. The partition of shared ownership can take place by the way of demanding one’s share and mutual understanding among co-owners of property – making an agreement respectively. The person can have co-ownership changed into sole ownership through the process of partition. The term co-owner includes all kinds of ownership such as tenancy in common, joint tenancy, coparcenary, membership of Hindu undivided family etc. A person can know about his individual in the shared ownership property by some title documents like Will, Sale deed etc. or through an inheritance of property. In the absence of clear title and other documents like survey documents, land records, tax receipts, can help to prove the title of a property.
In many of the cases the person has no document available with them; under these circumstances the individual can file for inspection of document records in the Registration Office where land or property is situated and get the certified copies of certain documents. In case the co-owners are not ready for a partition of the property and only one or more of the co-owners want the partition. Then in such a case, a partition suit is required to be filed in the competent court of law. Where a partition is done by mutual consent, a partition deed is executed by the co-owners. The partition deed must be registered at the office of the sub-registrar where the property is situated as in case of any other registration. A suit for partition is filed in the competent court of law where the property and land are situated. The court determines the share of a person and property is divided between the co-owners accordingly. It is determined through various documents proving the title of the person. In case where one co-owner is in exclusive possession of a plot of a joint land and lets it out to a tenant without the consent of other co-sharer landlords, such a tenancy will not bind the latter. The lease in such a case will only be restrained to the interest and share of the lessor.
Types of Co-ownership
- Tenants in common:-
When two or more person buy a property but do not mention specific share of each has in the property, such co-owners are tenancy-in-common. While co-owners are alive, they can use the entire property and have equal rights over the property. In case of the death of one co-owner the ownership of the property would, however, not automatically pass on to the existing co-owner but to the person whose named in the will of the deceased person, then he/she will become a tenant-in-common with the other co-owners.
Example
Three brothers Sohal, Mohan and Rahil bought a property pooling in their money. Several years after, Sohal passes away, through a will his share passed to his adopted son Mikhil. Now, Mikhil can come and live with the surviving brothers in the property as a new tenant in common.
- Joint Tenancy: –
Joint tenancy is another form of co-ownership where property is owned by two or more persons in at the same time in equal shares. This type of tenancy if the one of the co-owner dies the right over the property automatically passes to the co-owners.
Some legal requirements in order to create a joint tenancy:
- Unity of time
- Unity if title
- Unity of possession
- Unity if interest.
- Tenancy by entirely: –
This is special form of Ownership that’s available only to married couples, with each owning one half of the property. Tenancy by the entirety means the property may not be sold without the consent of other. The right of survivorship exists to the extent that only if one spouse dies, interest reverts to the other spouse.