LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Krishna Kishore   20 April 2024

Joint property tenant eviction

Good evening, sir!

In a joint property, one joint owner AAA let out the property to a tenant without any registered agreement or registered lease deed without the consent of other joint owners? 

Does another joint owner BBB have the right to evict the tenant from the joint property? 

According to which law? What is the law underlying this?



Learning

 5 Replies

T. Kalaiselvan, Advocate (Advocate)     20 April 2024

The cosharer can file a suit for partition and separate possession of his share in the property besides filing an application seeking a rightful share in the rental income because it is admitted that the property has been let out on rent.

In the absence of rental or registered lease agreement eviction petition may not be maintainable under rent control laws.

1 Like

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     21 April 2024

Joint property is the foremost reasons for feuds and disagreements amongst families/relatives. To avoid such disputes and for effective management and control of one’s own share in a joint property, it is highly recommended to divide the individual shares.so partition deed is need among the family members/cosharers. The partition deed guarantees that the property is divided according to each individual’s portion. Co-owners become lawful owners of their portion of the property when the partition deed is executed, and they are able to give, sell, or trade their share of the property.

1 Like

Krishna Kishore   21 April 2024

Respected Advocate ji, 

Thank you very much for your kind response. 

Regards, 

Krishna Kishore

 

T. Kalaiselvan, Advocate (Advocate)     21 April 2024

You are welcome for your appreciations. 

1 Like

Vanatta Thomas   23 April 2024

How can I protect my rights as a co-owner when leasing out jointly owned property?


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register