Jharkhand High Court Affirms: Possession of One Co-Owner is Possession for All

In a recent judgment, the single-judge bench of the Jharkhand High Court clarified a crucial principle regarding joint ownership of property, stating that possession by one co-owner is considered possession for all co-owners unless the property has been partitioned by precise measurements.

The case stemmed from a partition suit initiated by B. Sarojani, claiming ownership over a property originally belonging to Bollu Nar Singha Rao, which was inherited jointly by B. Sarojani, Kaligatla Chinna (defendant no. 2), and B. Mohan Rao (defendant no. 1). While Sarojani sought a partition of the property, defendant no. 1 asserted sole possession over it after his father’s demise.

The trial court recognized the joint possession of the parties, attributing each a 1/3rd share in the property. Dissatisfied with the verdict, the appellant argued that joint possession did not exist as the daughters were living in their matrimonial homes, not on the disputed property.

However, the court emphasized that co-owners and successors of ancestral property are inherently in joint possession unless a formal partition has occurred. This means that the possession of one co-sharer is considered possession on behalf of all.

Additionally, the court noted that there is no time limit for seeking partition of joint property, allowing any co-sharer to claim partition if they feel inconvenienced or denied their rightful share.

Upon review of the trial court’s decision, the high court found no flaws, affirming the division of shares as determined by the lower court. Consequently, the appeal was dismissed.

The ruling reinforces a fundamental principle of property law, underscoring the joint possession rights of co-owners until a formal division is effected. The judgment provides clarity and guidance on matters of property ownership and partition, ensuring equitable treatment among co-sharers.

Case Title: T. Shailja @ T. Shailza Vs B. Sarojani

Coram: Hon’ble Mr. Justice Pradeep Kumar Srivastava

Case No.: F.A. No. 261 of 2019

Advocate for the Appellant: Mr. Dilip Kr. Karmakar, Advocate

Advocate for the Respondent: Mrs. Prachi Pradipti, Advocate Mr. Ranjan Kumar Tiwary, Advocate

 If you like this law news, share it with a friend!