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Joint property ownership: What happens when co-owners disagree over rent or sale
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Times of India
Under Section 44 of the Transfer of Property Act, 1882, a co-owner may transfer their own share of the property but cannot transfer the shares belonging to others (Photo: AI-generated).
However, the joint ownership also comes with its share of challenges.The significant disadvantage is the requirement for the consent of all co-owners, which can affect decisions related to selling the property, renting it out, or taking a home loan against it.The rights of each co-owner largely depend on the sale deed and the ownership structure.
The buyer would acquire the rights associated with the transferred share and become a co-owner.Similarly, one co-owner may mortgage their own undivided share.
However, banks may be reluctant to provide finance against an undivided share because of complications related to its valuation and partition.
If the entire jointly owned property is offered as collateral, lenders require the participation and consent of all co-owners.Additionally, a co-owner may face legal complications if they unilaterally rent out the entire property or grant possession in a way that interferes with the rights of the other owners.