Tenancy in entirety Tenancy in entirety

10 months ago

I have read articles on your website about tenancy in entirety, but there is no reference to be found to this in Indian court judgments. Maybe I do not know how to look for it ... but need clarity about whether this is used in Indian law or not. Thanks

Anik

Responded 10 months ago

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A.Hello,
As per the informatio you have mentioned hereinbelow i have elaboated what tenancy in entirety is :
Tenancy by the entirety refers to a form of shared property ownership that is reserved only for married couples. A tenancy by the entirety permits spouses to jointly own property as a single legal entity. This means that each spouse has an equal and undivided interest in the property.

In India Umbrella Mfg. Co. v. Bhagabandei Agarwalla, (2004) 3 SCC 178 the Supreme Court of India has held that "In order to bring the tenancy to an end the merger should be complete i.e. the interest of the landlord in its entirety must come to vest and merge into the interest of the tenant in its entirety. When part of the interest of the landlord or the interest of one out of many co-landlords-cum- co-owners comes to vest in the tenant, there is no merger and the tenancy is not extinguished."

If you want some extra information you can ask .
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