Confusion between Tenancy by the Entirety and Joint Tenancy
property mh_cet_law beginner doubtYaar samajh nahi aaya! I'm studying for MH CET Law and Property is giving me a headache. There's this Tenancy by the Entirety (TBE) and Joint Tenancy that seems to be similar, but I'm getting confused. In TBE, husband and wife together own the property and it can't be sold or transferred without the consent of both. Sounds like Joint Tenancy, where two or more people own the property together, but I'm not sure. But isn't Joint Tenancy a bit like Co-Ownership? And what's the difference between Seisin and Possession in the context of Joint Tenancy? I mean, I've read the Bare Acts, but yaar, it's not clicking. Anyone can help me understand the difference between these two concepts? Please help!
2 Comments
Bhai, don't get confused between Tenancy by the Entirety (TBE) and Joint Tenancy (JT). The key difference is that JT can be created in any state, whereas TBE is specifically applicable in community property states (US only). Another point is that TBE cannot be severed, whereas JT can be severed through a partition action. So, understand the context before applying these terms!
Maine aapko agree kiya hai. Tenancy by the Entirety aur Joint Tenancy dono hi jampad ke saath sambandh rakhne wale share holders ke liye theek hai. Lekin difference yeh hai ki Tenancy by the Entirety mein dono share holders ek hi vyakti hote hain, jaise husband-wife. Joint Tenancy mein kisi bhi kanooni kaanooni ke liye share holders kaat sakte hain.