Tenants In Common Agreement Template for India

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Key Requirements PROMPT example:

Tenants In Common Agreement

"I need a Tenants in Common Agreement for a commercial property in Mumbai to be jointly owned by three corporate entities, with unequal ownership shares of 50%, 30%, and 20%, including specific provisions for property management and rental income distribution."

Document background
The Tenants in Common Agreement is essential when multiple parties wish to co-own property in India while maintaining separate and distinct ownership shares. This arrangement is commonly used for both residential and commercial properties, allowing co-owners to hold different percentages of ownership and transfer their shares independently. The document becomes particularly important in scenarios involving family property holdings, investment partnerships, or corporate property sharing arrangements. It must comply with Indian legal requirements, including the Transfer of Property Act, 1882, Registration Act, 1908, and relevant state-specific property laws. The agreement typically includes detailed provisions for property management, expense sharing, decision-making processes, and procedures for selling or transferring ownership shares, making it a crucial document for establishing clear guidelines and preventing future disputes between co-owners.
Suggested Sections

1. Parties: Details of all co-owners entering into the agreement

2. Background: Context of the agreement, including property acquisition and purpose of the arrangement

3. Definitions: Key terms used throughout the agreement

4. Ownership Shares: Clear statement of each co-owner's percentage share in the property

5. Rights and Obligations: Fundamental rights and responsibilities of each co-owner

6. Property Management: Rules for day-to-day management and decision-making processes

7. Financial Obligations: Arrangements for sharing costs, expenses, and tax obligations

8. Transfer of Interest: Procedures and restrictions for selling or transferring ownership shares

9. Right of First Refusal: Process for offering shares to other co-owners before external sale

10. Death or Incapacity: Procedures following death or incapacity of a co-owner

11. Dispute Resolution: Mechanisms for resolving conflicts between co-owners

12. Termination: Circumstances and procedures for terminating the agreement

13. Governing Law: Specification of applicable laws and jurisdiction

14. Execution: Signature blocks and execution requirements

Optional Sections

1. Rental Management: Procedures for managing rental of the property, if applicable

2. Property Improvements: Rules for making and approving property improvements or modifications

3. Insurance Requirements: Specific insurance obligations beyond standard requirements

4. Property Usage Schedule: If property is used on time-sharing basis between owners

5. Mortgage Provisions: If property is mortgaged, specific provisions regarding mortgage obligations

6. Property Manager Appointment: If a professional property manager is to be appointed

7. Buy-Out Provisions: Detailed procedures for one owner buying others' shares

8. Mediation Process: Specific mediation procedures before litigation

Suggested Schedules

1. Schedule A - Property Details: Legal description of the property, including title details and registration information

2. Schedule B - Ownership Proportions: Detailed breakdown of ownership shares and initial capital contributions

3. Schedule C - Financial Obligations: Detailed breakdown of cost sharing and payment responsibilities

4. Schedule D - Property Management Rules: Detailed rules and procedures for property management

5. Schedule E - Valuation Method: Agreed method for property valuation in case of sale or buy-out

6. Appendix 1 - Property Plans: Floor plans, property boundaries, and relevant architectural drawings

7. Appendix 2 - Initial Condition Report: Documentation of property condition at agreement inception

8. Appendix 3 - Maintenance Schedule: Regular maintenance requirements and responsibilities

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions
Clauses
Relevant Industries

Real Estate

Property Investment

Residential Property

Commercial Property

Family Wealth Management

Legal Services

Property Development

Banking and Finance

Property Management

Relevant Teams

Legal

Real Estate Operations

Property Management

Asset Management

Compliance

Investment Management

Wealth Management

Risk Management

Corporate Services

Operations

Relevant Roles

Real Estate Lawyer

Property Manager

Real Estate Investment Manager

Legal Counsel

Property Administrator

Estate Planning Attorney

Real Estate Agent

Investment Advisor

Property Development Manager

Compliance Officer

Real Estate Operations Manager

Asset Manager

Wealth Manager

Property Portfolio Manager

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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