Can Joint Tenant Transfer Their Interest?

From what I know is that in India, the term "joint tenancy" refers to a type of ownership where two or more people share an undivided interest in a piece of property equally. In situations where family members or business partners jointly hold real estate, joint tenancy is frequently used. Under a shared tenancy, each owner has an equal right to the property's use, enjoyment, and transfer. So, if you are wondering can joint tenant transfer their interest, I can help you out.

Can joint tenants sell their interest?

Joint tenants in India have the option to sell, give, or bequeath their portion of the property in order to transfer their stake in it. To make sure that the transfer is legitimate and legally enforceable, certain legal procedures must be met.

In India, there are two ways to transfer a stake in a joint tenancy:

1. By Mutual Agreement

2. By Judicial Intervention

By Mutual Agreement:

Joint tenants must sign a legal document known as a conveyance deed when they desire to mutually transfer their stake in the property. All joint tenants must sign this agreement, which must also be recorded with the neighbourhood sub- registrar's office. The conveyance deed will describe the details of the transfer, such as the names of the parties involved, the consideration amount, and the property specifications. The transfer becomes legitimate as soon as the conveyance deed is recorded, and the transferee is now the new joint tenant.

By Judicial Intervention:

If one of the joint tenants wants to transfer their stake in the property, but the other joint tenant(s) do not agree to the transfer, the transferring tenant can ask the court for a division of the property. Property division may take the form of a physical division or a division through a sale. With a physical partition, the property is divided into many pieces, with a share for each joint tenant. In a partition by sale, the property is sold, and the revenues are distributed among the joint tenants according to their portion.

In India, joint tenants have the legal right to transfer their ownership stake in a property, but only if all legal criteria are met. Joint tenants have the option to divide the property if the other joint tenant(s) do not agree to the transfer of their interest by mutually executing a conveyance document, or they can apply to the court for a partition of the property. To prevent any legal disagreements or problems, it is crucial to acquire legal counsel and direction prior to transferring any interest in a shared tenancy.

I hope now you know can joint tenant transfer their interest or not.