Apex Law Journal
Apex Law Journal
An online law journal reporting latest and important judgments of Hon'ble Supreme Court of India.                                                                                                                         Click here to get free legal updates via email                                                                                                                          Click here to download forms (Address Form, List Of Documents and Memorandum Of Appearance)
User Name :
Password :
New Subscriber
Forgot Password


Neha Goel, Advocate

Advisory Board

S.C. Khunger, Advocate

Rohit Bansal, Advocate

Varinder Singh Kanwar, Advocate

Hittan Nehra, Advocate

Judgments on Co-sharer

Wednesday, April 15, 2009

Co-sharer — The principles relating to the inter-se rights and liabilities of co-sharers are as follows :

(l) A co-owner has an interest in the whole property and also in every parcel of it. 

(2) Possession of joint property by one co-owner is in the eye of law, possession of all even if all but one are actually out of possession. 

(3) A mere occupation of a larger portion or even of an entire joint property does not necessarily amount to ouster as the possession of one is deemed to be on behalf of all. 

(4) The above rule admits of an exception when there is ouster of a co-owner by another. But in order to negative the presumption of joint possession on behalf of all, on the ground of ouster, the possession of a co-owner must not only be exclusive but also hostile to the knowledge of the other as, when a co-owner openly asserts his own title and denies, that of the other. 

(5) Passage of time does not extinguish the right of the co-owner who has been out of possession of the joint property except in the event of ouster or abandonment. 

(6) Every co-owner has a right to use the joint property in a husband like manner not inconsistent with similar rights of other co-owners.

(7) Where a co-owner is in possession of separate parcels under an arrangement consented by the other co-owners, it is not open to any body to disturb the arrangement without the consent of others except by filing a suit for partition.

Act Topic
Rule Citation
Free Text Search
Follow us on :
(Best view with 1024x768 Resolution)
© All rights including Copyrights and rights of translations etc, reserved and vested exclusively with Deepak Publications. No part of this publication may be reproduced or transmitted in any form or by any means, electronics, mechanical, photocopying, recording or otherwise, or stored in any retrival system of any nature without the written permission of the copyright owner.

By using this site, you (and any entity on whose behalf your are acting) are consenting to be bound by Terms & Conditions, Privacy Policy & Disclaimer Clause.