PROPERTY LAW – CO-PROPRIETORSHIP – TERMINATION

I have inherited 1/3 share of a property from my father. The other 2/3 shares were held by my father’s friends. My father and his friends have since passed away. I tried to talk to the next of kin to sell the property away. They refused. They have continued to use the property without paying any rental to me for my father’s shares. What can I do?

 As co-proprietors, you may apply to the court to either:

  1. Partition the property between all the co-proprietors; or
  2. terminate the co-proprietorship in the property on the ground that there is a deadlock.

What is Co-Proprietorship?

  • “Co-proprietorship” means that holding of alienated land by two or more persons or bodies in undivided shares.
  • The co-proprietors shall each be entitled to share the property as a whole.
  • Each co-proprietor has full possession and enjoyment to the property, not just the designated parts.
  • When one co-proprietor dies, their shares will be dealt with in accordance to their will or the provisions under the Distribution Act 1958.

What happens after termination of co-proprietorship?

Termination of co-proprietorship may involved:

  1. Valuation of the undivided shares in the property and transfer the undivided shares of the property to the other co-proprietors for a price; or
  2. The property be sold by court order and the sale be effected by public auction. The proceed will then be distributed between the co-proprietors.

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