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Your rights

What are my rights in joint property ownership?

Short answer

Each co-owner has the right to use and enjoy the property. No co-owner can sell the entire property without others' consent. Partition can be sought through court.

Understanding the issue

In joint property ownership, each co-owner has equal rights to use and enjoy the entire property unless agreed otherwise. No co-owner can sell, mortgage, or dispose of the entire property without the consent of all co-owners. However, a co-owner can sell their own share. Any co-owner can file a suit for partition under the Partition Act to divide the property into separate shares. If physical partition is not possible, the court may order sale of the property and division of proceeds. Co-owners share expenses like taxes and maintenance proportionally. Under Transfer of Property Act Section 44, a co-owner's share is transferable.

Laws that apply

  • Transfer of Property Act — Section 44 (Transfer by co-owner)
  • Partition Act
  • Code of Civil Procedure — Partition suit