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Property rights with two owner and impact of property maintenance
14-Jul-2023 (In Property Law)
If two owners have property(Flat) in equal rights registered. The flat is in Registered Society where the share certificate clearly shows their name with equal share.
Now if one of the co-owner (1) is in poor financial state and unable to pay his share of property maintenance and the other co owner(2) pays the whole maintenance.
However owner 1 has a threat that he may loose his right to property.
So as per Indian or Maharashtra or Mumbai Jurisdiction will the owner (2) be able to claim his full rights to the said property.
This is my response to you:
1. The second owner will continue to have rights over it;
2. You should send him a legal notice if he refuses to pay;
3. If he still refuses then file a partition suit;
4. Consult a local lawyer and take steps.
1. The second owner will continue to have rights over it;
2. You should send him a legal notice if he refuses to pay;
3. If he still refuses then file a partition suit;
4. Consult a local lawyer and take steps.
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Adv. Gowaal Padavi
Mumbai | 500+ Answers
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Who is the main owner of a joint property?
Joint Tenancy
The property is divided equally among the co-owners. It also works with the concept of survivorship, which means that if a co-owner passes away, his rights are automatically transferred to the tenant who survives.
What is difference between co-owner and joint owner?
In both cases, co-owners can sell their shares to other people. Only in the case of death, does there arise a difference. If one owner dies in a joint-ownership situation, the share of that deceased owner automatically passes to the other co-owners. 14-Sept-2022
Can we have two names in rental agreement?
There can be multiple tenants on a commercial rental. This is called joint tenancy. Joint rent agreements are contracts that include many tenants. 28-Aug-2020
Can one owner lease out property that is jointly owned in India?
A co-owner who is in exclusive possession over a plot on a shared land, and rents it to a tenant, without consent from the other co-sharers, will also not be bound by such a lease. In such a situation, the lease will only cover the interest and part of the lessor.
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