Joint-Tenancy and Tenancy-in-common

Joint-Tenancy and Tenancy-in-common

Two kinds of ownership and enjoyment of immovable property:

(1)   Joint Tenancy:

It is an English concept;

If two or more persons acquire any property by purchase or otherwise jointly without indicating that they are to take separate interests therein, they become joint-tenants (joint ownership).

There are four unities in joint-tenancy, viz.

“Unity of title, unity of interest, unity of possession and unity of time.”

Each owner has same, identical interest.

No one owner has a separate share or the right of alienation.

On the death of one, it goes to the other owner.

(2)   Tenancy-in-common:

In a tenancy-in-common there are only two unities namely unity of possession and unity of commencement of title (there is no unity of title or unity of interest).

The special feature of this tenancy-in-common is:-

“If one of the tenants-in-common died, his share will pass to his heirs.”