Dear client, 

Nothing will include in sale deed. Just mention who is contributing amount and purchase in joint name.

No it is not necessary to specify same if you mention in the sale deed joint owners thar will specify. No this not typically done in sale deed it just specify as joint owners.

There is nothing wrong to have a property in joint name it is not clear from your question that without you are getting a property and tenancy right are you are intending to purchase a property in all the cases it is very general to have the property in joint names.

You may go ahead with your plan or in case you have any confusion you make call any advocate and discuss the statutory requirement.

Please remember to rate the answer if you like it

Yes you will have to specifically mention the same 

You don't NEED to go for joint tenant, but it will be suggested you go for that.

hello

       Joint tenancy and tenancy in common are two most common classifications of ownership of a property. The difference between these two is important when owning a house or a piece of real estate. This is due to the fact that more and more people are interested in purchasing real estate. These purchases are often done by spouses, who are legally married, or by friends who decide to buy and share a house together. During these purchases, the parties must be able to determine how they are going to take the title to their newly purchased house. This is important since it will determine their rights toward the home, whether they are still together, if they have moved to another house or if one of the parties already transferred residence.

Basically, joint tenancy pertains to home ownership in which each party is on the home title and has an equal interest in the property. An example of a joint tenancy is the ownership over a house by a married couple. In this situation, each of the spouses has equal share and interest over the house. In case of divorce, each spouse may sell his or her share in the property. Once there is a sale, the joint tenancy becomes a tenancy in common.

Tenancy in common, on the other hand, refers to ownership over a certain property by two individuals without any right of survivorship. They are co-owners of the property and their shares and interest over said property are equal. However, there are also situations in tenancy in common when the parties do not have equal shares. The sharing scheme shall depend entirely on the stipulation of the parties.

Joint tenancy and tenancy in common have different rules concerning the death of one of the tenants. This is the main difference between these two kinds of tenancy. In a tenancy in common, the death of one of the parties shall have the effect of transferring the rights of the decedent tenant in favor of his heirs. In joint tenancy, the parties enjoy the right of survivorship. This means that when one of the co-owners dies, the survivor co-owner shall get the decedent’s share over the property. In joint tenancy, each co-owner’s possession, interest, time and, title of the property is vital. In order for the transfer of rights to accrue, there must be a will of a deed executed in favor of the survivor.

Tenancies in common also may be obtained at different times; so an individual may obtain an interest in the property years after one or more other individuals have entered into a tenancy in common ownership.

Tenants in common have no rights of survivorship. Unless the deceased individual's will or other instrument specifies that his or her interest in the property is to be divided among the surviving owners, a deceased tenant in common's interest belongs to the estate.

regards

I must add that you have to fully understand the implications and then add this in your deed. 

it is not necessary to specify whether it is joint tenant or tenant in common 

2) it is not typically done in sale deed 

It is mentioned in the sale deed, you will be the joint owner of the property

Joint tenant and tenancy in common are status not titles, in sale deed only joint owner will mention.

This is suggested to be specified in the deed itself, as it clears the picture regarding the tittle. there are two types of JT( Joint tenant ) , one os simple JT and the other is JTROS ( joint tenant with right of survivorship ).

Not required 

By default joint purchasers are always tenants in common

by default, it is the joint tenancy. in the sale deed, you have to specify everything. the more specific you are, the fewer hassles you shall have in the future.

regards

See name of all the person purchasing property can be mentioned and they can jointly called as co-owners in the sale deed this is basic procedure. There is no need to specify same.

1. If you have bought the said property jointly with yourparents then the names of all the purchasers i.e. you , your father and your mother, shall have to be jointly mentioned in the sale deed as  Buyers.

2. All three persons will be treated as having equal share on thesaid property jointly purchased by them.

1. It should be specified in all the documents that the title holders of the propery will be all three persons i.e. you, your father and your mother.

2. In the sale deed the names of all the purchasers shall have to be mentioned which will be registered in the records of the Registrar as the joint Title Holders of the said property.

In tenancy in common, the purchasers would own undivided fractional interest in the entire property in proportion to their investments and would be entitled to share the sale proceeds in proportion to their investments made/ percentage of the purchase consideration so paid by each.

2) The terms of either a joint tenancy or tenancy in common are spelled out in the deed, title, or other legally binding property ownership document.

If the % ownership is not recorded in the sale deed the % ownership is equal 

The joint co owners would have equal share in property .

By default it will be tenant in common, but you will be better off to have joint. but joint has 2 variants, JTROS and JT

There is no need to mention joint tenancy or tenant in common for the proeprty purchased in the joint names. 

There is no necessity  in law for executing a registered sale deed with this type of recitals.

Tenancy in common, on the other hand, refers to ownership over a certain property by two individuals without any right of survivorship. They are co-owners of the property and their shares and interest over said property are equal.  In joint tenancy, the parties enjoy the right of survivorship.

One of the main differences between the two types of shared ownership is what happens to the property when one of the owners dies. When a property is owned byjoint tenants with survivorship, the interest of a deceased owner automatically gets transferred to the remaining surviving owners.

However there is no necessity to mention the nature of tenancy in the sale deed since this property is purchased and not inherited.

1) If you joint name is better if you are allowing tenant to live from day one together.

Sir you can simply write joint owners in joint tenant by survivorship of one of owner dies then in that case ownership remains with reamaining owners.

When the type of co-ownership is not specifically stated, by default a tenancy in common is likely to exist. Each tenant in common has a separate fractional interest in the entire property. Although each tenant in common has a separate interest in the property, each may possess and use the whole property. Tenants in common may hold unequal interest in the property but the interests held by each tenant in common is a fractional interest in the entire property.

The most attractive feature of joint tenancy is the right of survivorship. Upon the death of one joint tenant, his/her interest immediately passes to the surviving joint tenants and not to the decedents estate. Joint tenants hold a single unified interest in the entire property. Each joint tenant must have equal shares in the property.

Unlike tenants in common, joint tenancy has several requirements that must be met in order to be properly created.

specific language must be included in the conveyance or devise. Such language includes that the grantees take the land: "jointly"; "as joint tenants"; "in joint tenancy"; "to them and the survivor of them"; or using other language in the instrument that it was clearly intended to create an estate in joint tenancy. However, even if such language is contained in the conveying instrument, a joint tenancy may not exist. 

Sir I think you are getting confused if it's just joint ownership co owners then you do not have to write as joint tenants when a either survivor deed is to be created then you can mention.

Basically, joint tenancy pertains to a home ownership in which each party is on the home title and has equal interest in the property. An example of a joint tenancy is the ownership over a house by a married couple. In this situation, each of the spouses have equal share and interest over the house. In case of divorce, each spouse may sell his or her share in the property. Once there is a sale, the joint tenancy becomes tenancy in common.

To create a Joint Tenancy the following rules must be satisfied:
All the joint tenants must acquire their interest in the property at the same time and from the same transaction. 
The interest must be identical in nature and each tenant enjoys an equal right to the whole or any part of the property but not an exclusive right to possess any part.

In general this means that both parties own 100% of the property and there is no divided interest as there is with TIC. The “rights of survivorship” clause means that the property passes directly to the other party outside of the will

Inorderfor a joint tenancy to be created, specific language must be included in the conveyance clearly intended to create an estate in joint tenancy

2)The joint tenants must have undivided interests in the whole property and not divided interests in separate parts. The joint tenants must derive their interest by the same instrument.

You and your parents jointly purchased the apartment 

So if the consideration paid by each of you is equal, then each will have 1/3rd undivided share

If the consideration paid is unequal then its better to specify the same alongwith the % holding in the property

This cannot be joint tenancy with right of survivorship 

If any purchaser owner dies, his undivided share will go to his legal heirs and not to the surviving co-owners

Who has paid the consideration in your case? Have your parents contributed towards purchase price?

If your parents didn't contribute and their names are included as owners, then after their demise, only you would be the exclusive owner of the apartment. That's why it is essential that you specify in sale deed who paid  the purchase  price, so that no legal heirs (apart from you) can cry foul and claim share on basis of being a legal heir

The above situation can be avoided if your parents make a Will in your favour

It is joint tenancy/ownership of the property with equal sharew on its title.

1.It all depends on what has been mentioned in the sale deed about the Vendee/Purchasers

2. If all of you have been mentioned serially as Vendee/Ourchasers in the said registered Sale Deed, then all shall have equal share of right, title and interest on the said property.

1. The mention of life interest of your parents in the Sale Deed is not usual since it is related to sale of the property by and between the seller and the purchaser.

2. You can buy the said property and then write a will in their favour establishing their life interest and then bequeathing it in any body's favour after their demise.

3. Alternatively, you can mention their names in the sale deed as co-buyers having bare minimum share on the said property when you shall have 98% share of title of the said property and in that case, their said share will be inherited by their other legal heirs which you can stall by getting a conditional gift deed from them in your favour wherein it will be mentioned that tgheir share of 1% each of the said property is gifted to you which you on condition that they will live in the said property till their demise.

4. Since it is a gift frm blood relative, minimum amount of stamp duty will be required to be paidfor registering the said gift deed.

You can contact an experienced deed writer and express your desire to prepare the document accordingly.

You can confirm the recitals as desired before signing it.

Sir now it is better since you have put real facts before us you can creat a joint tenancy based on survivorship in case of death of any owner the ownership will transfer to other owners.

Further what I would suggest is make a simple sale deed and further take a registered will from parents that would be better.

Mention in the sale deed that you have contributed exclusively for purchase and your parents are joined as co-purchasers for convenience and as a family arrangement

Further mention that in case you predecease them then the property will go to your parents

Further mention the same thing in your Will

Your parents can likewise make a Will in your favour in case they predecease you

If its mentioned in sale deed that you alone have contributed for purchase then it safeguards your right against any claim being made by your siblings as your parents are being joined as co purchasers 

But the possibility of your sibling making a claim still cannot be ruled out

So i suggest that you make sale deed in your sole name

You can leave a Will in your parents' favour that the property should go to them after your demise

This will uncomplicate things

You can let your  parents live with you even if they are not mentioned as co purchasers in sale deed. Its not that if their names are not there in sale deed, that they cannot live with you, right? 

1. What JTROS requires : 

both acquiring the said property 

both have EQUAL share, regardless of the investment share 

both possess equally 

both have the tittle 

2. It can be written in simple language with no fancy writing ! 

You are talking of tenancy and sale at the same time. Both the things can't exist at the same time. Please give details in your question. 

Recital in the sale deed that you along with seller agree to make them buyer with no default and claim except life interest and absolute contribution made by you.