Incidents of tenancy in common govern separate shares, no survivorship, and personal-law variation in succession and alienation. Tenancy in common involves multiple distinct interests without right of survivorship, subject to differing limitations and partition mechanisms; applicable personal law modifies testamentary and alienation rights. Muslim law limits testamentary disposition to one-third and alters alienation power; within Hindu Mitakshara doctrine, the Bombay school permits sale of an undivided interest for value without co-parceners' consent while the Banaras school renders such sale voidable by non-consenting co-parceners.
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Provisions expressly mentioned in the judgment/order text.
Incidents of tenancy in common govern separate shares, no survivorship, and personal-law variation in succession and alienation.
Tenancy in common involves multiple distinct interests without right of survivorship, subject to differing limitations and partition mechanisms; applicable personal law modifies testamentary and alienation rights. Muslim law limits testamentary disposition to one-third and alters alienation power; within Hindu Mitakshara doctrine, the Bombay school permits sale of an undivided interest for value without co-parceners' consent while the Banaras school renders such sale voidable by non-consenting co-parceners.
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