CO-OWN­ERS’ RIGHTS SIM­PLI­FIED

HT Estates - - HTESTATES -

The fact that a joint prop­erty has not been di­vided and is owned by sev­eral co-own­ers does not af­fect the right of a co-owner to con­vey his in­ter­est or share in the house to an out­sider When one co-owner trans­fers his share in the joint prop­erty, the buyer stands in the shoes of the seller or co-owner, gets his rights and en­ti­tle­ments and is sub­jected to the same li­a­bil­i­ties as that of the co-sharer sell­ing his share The stranger/out­sider buyer is de­barred by law from ex­er­cis­ing his right to joint pos­ses­sion in a Hindu un­di­vided fam­ily home which is one of the main in­ci­dents of co-own­er­ship of prop­erty. The trans­feree (stranger /out­sider) does not be­come en­ti­tled to joint pos­ses­sion or other com­mon or part en­joy­ment of the joint fam­ily home sim­ply by pur­chas­ing a por­tion thereof from a co-owner.

ISTOCK

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