Property Law and Concepts Explained by Supreme Court

Property Law and Concepts Explained by Supreme Court

In a joint tenancy, all co-owners together constitute ownership. It is governed by the rule of survivorship. When one joint tenant dies, his interest automatically accrues to the surviving co-owners, and not on his own progeny. What this means is that while the joint tenancy subsists, none of the co-owners have a separate inheritable share. For instance, suppose ‘A’ and ‘B’ jointly hold a property under the Mitakshara system, if ‘A’ dies, ‘B’ automatically absorbs ‘A’s interest by survivorship. There is no question of it devolving upon ‘A’s widow or children. Ownership, therefore, continues in the surviving coparcener without any separate succession taking place. 

On the other hand, in tenancy-in-common, each co-owner possesses a distinct, undivided share in the property. Physical possession may remain joint, the ownership of each individual coowner is identifiable and notionally separate. Survivorship has no place in this form of devolution. Upon the death of one co-owner, his share devolves upon his own heirs according to the law of succession. To illustrate, suppose ‘A’ dies intestate leaving behind ‘B’ and ‘C’ as his heirs,under Section 8 read with Section 19 of the HSA, ‘B’ and ‘C’ inherit the property as tenants-in-common. Each acquires a definite share. If ‘B’ later dies, ‘B’s share will devolve upon ‘B’s own legal heirs and will not automatically pass to ‘C’. The difference in the two systems determines the nature of property inherited by a son from his father.

Citation : Darubai v. Kamalabai [2026] GCtR 376 (SC)