Co-ownership and Joint ownership

Co-ownership may assume different forms. Its two chief kind in English law are distinguished as ownership in common and joint ownership. The most crucial differences between these relates to the results of death of one of the co-owners. If ownership is common the right of a dead man descends to his successors like other inheritable rights , but on the dying of one of two joint owners , his ownership ends with him and the survivor turns the sole owner by virtue of his right of survivorship or jus accrescendi . If a property belongs to X and Y in equal shares and if it is a case of ownership in common , half the property will pass to the heir of X on his death and the other half will remain with Y . However if the X and Y are joint owners Y would be titled to the whole property and the heirs of X would get nothing. Each owner in common are interested in a part or a share but not in the whole of the property. Common ownership is familiar in Hindu law. Joint ownership in the English law type is rather foreign to Hindu law and the presumption usually made where the grantees are Hindus. Is that they hold in common . The joint ownership is familiar to Hindu is special kind of which the joint holding by the members of an undivided Mitakshara joint family is the type. The distinguishing feature of a Mitakshara coparcenary is the right of survivorship possessed by its members. It resembles the joint tenancy of English law . However, a Mitakshara coparcenary is liable to be enlarged by the birth of a male issue copercenars . Invested with a right by birth , the male issue also becomes a copecener .This feature is absent in the joint ownership of English law.