Joint Tenancy and Tenancy in common:
Two or more persons inheriting jointly take as joint tenants with right of survivorship. According to Mitakshara School two or more sons, grandsons and great grandsons succeeding as heirs to the separate or self-acquired property of their paternal ancestors take as joint tenants with rights of survivorship.
ADVERTISEMENTS:
According to Dayabhaga School two or more widows of daughters inheriting jointly take as joint tenants with right of survivorship on death of the joint tenant and his interest passes to the surviving tenants by survivorship.
Generally, according to Mitakshara and Dayabhaga Schools of Hindu Law two or more persons inheriting jointly take as tenants in common extent in a few cases. On the death of one of the tenants i common, his share in the property goes to his heirs by succession. For example, a Hindu dies leaving two brothers. The brothers take as tenants in common and on the death of either of them, his one-half share will pass to his heirs by succession.
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Hindu Joint Family and Joint Tenancy under English Law
Points of similarity:-
ADVERTISEMENTS:
(1) In both the cases there is right of survivorship.
(2) In both the cases each member is entitled to possession over the whole of the joint property.
(3) In both the cases the act of one member results in benefiting the other.
Points of difference:
ADVERTISEMENTS:
(l) Coparcenary is a creature of law and comes into existence by birth while the joint tenancy is created by a deed or will and not by descent.
(2) Coparcenary consists only of relations while a joint tenancy may be created as between strangers.
(3) The power of coparcener to alienate his share is restricted while that of an English joint tenant is absolute although he too cannot transfer it by will.
(4) The interest of a coparcener is fluctuating while that of a joint tenant under the English Law is fixed.
(5) The wife and children of a Hindu joint tenant have a right to be maintained out of joint fund but this is denied in the cases of English joint tenant.
On the death of the last surviving coparcener the property passes to his own heirs while in the case of the last surviving of
English joint tenants the property goes in equal shares to the heirs of all the tenants.