Co-Ownership Agreement – Summary Overview

This page provides a simplified summary of key terms. It does not replace the full Co-Ownership Agreement. Investors must review and execute the complete agreement before purchasing any fractional unit.


1. What Is Co-Ownership?

Co-ownership means that multiple individuals legally own defined fractional shares in the same immovable property.

Each unit holder:

  • Owns a proportional share
  • Has rights as defined in the agreement
  • Is bound by collective decision rules

Ownership is documented through:

  • Special Power of Attorney (SPA)
  • Fractional Ownership Agreement
  • Transfer documentation (where applicable)

2. Ownership Structure

  • The total property value is divided into defined fractional units.
  • Each unit represents a specific percentage of ownership.
  • Units are allocated based on investment amount.
  • All co-owners collectively own the underlying property.

The LLP acts as a facilitator and administrative manager, not as the property owner (unless explicitly stated).


3. Rights of Unit Holders

Each co-owner may have the right to:

  • Receive documented proof of ownership
  • Participate in major property decisions (as defined)
  • Transfer or sell their fractional unit (subject to terms)
  • Receive proportional share of proceeds if property is sold

Rights are always subject to the executed agreement.


4. Responsibilities of Unit Holders

Co-owners are responsible for:

  • Complying with the agreement terms
  • Completing KYC requirements
  • Paying applicable taxes
  • Following transfer procedures
  • Acting in good faith toward other co-owners

Failure to comply may result in suspension of rights as per agreement terms.


5. Decision-Making Process

Certain decisions may require:

  • Majority approval of co-owners
  • Supermajority approval (e.g., 75%)
  • Unanimous consent (in special cases)

Examples of decisions that may require collective approval:

  • Sale of entire property
  • Major redevelopment
  • Change in property usage
  • Appointment of new administrative manager

Voting rights are generally proportional to ownership percentage unless otherwise specified.


6. Transfer & Exit

Fractional units:

  • Are transferable subject to agreement terms
  • Are not publicly traded securities
  • May require approval or notification before transfer
  • Must comply with KYC & AML checks

Resale value is determined by market conditions and mutual agreement between buyer and seller.

Liquidity is not guaranteed.


7. Income & Distribution (If Applicable)

If the property generates income (e.g., rent):

  • Distribution is proportional to ownership share
  • Deductions may apply (maintenance, taxes, expenses)
  • Income is not guaranteed

If the property is sold:

  • Net sale proceeds are distributed proportionally
  • Applicable taxes and statutory charges apply

8. Property Management

The LLP may act as:

  • Marketing facilitator
  • Administrative coordinator
  • Documentation handler

Operational management terms will be defined in the executed agreement.

The LLP does not guarantee rental income or capital appreciation.


9. Risk Factors

Co-ownership involves risks, including:

  • Market fluctuations
  • Limited liquidity
  • Regulatory changes
  • Co-owner disputes
  • Property-specific risks

Investors must review the Risk Disclosure Statement before investing.


10. Dispute Resolution

Disputes between co-owners or with the LLP are generally resolved through:

  • Mutual discussion
  • Mediation (if applicable)
  • Arbitration under Indian law

Jurisdiction shall be as defined in the executed agreement.


11. Termination of Co-Ownership

Co-ownership may terminate upon:

  • Sale of entire property
  • Mutual agreement of all co-owners
  • Legal order
  • Events specified in the agreement

Upon termination, proceeds (if any) are distributed proportionally after deductions.


Important Legal Notice

This summary is for informational purposes only.

Fractional units represent co-ownership rights in immovable property and are not securities, deposit schemes, or guaranteed return products.

Investors must:

  • Review the full Co-Ownership Agreement
  • Conduct independent due diligence
  • Consult legal and financial advisors

Download SPA Template Download Fractional Deed Download Co-Ownership Agreement