Property given on rent...
ts
(Querist) 04 June 2014
This query is : Resolved
Hello,
A purchased a 50 % undivided share of a property from legal heir X where legal heir X and Y were the owners of the property.
In 2 months time A makes construction on the property and wants to give the property on rent without the permission of Y the co owner of the property both for construction and for giving on rent.
a)How can Y stop A from any construction of the property and how.
b)Will the tenancy agreement done by A be binding on Y too.
c)Can Y stop A from giving the property on rent and how.
d)Will there be any criminal liability on A too.
Thanks ...
Raj Kumar Makkad
(Expert) 04 June 2014
a). Y can eek injunction order against A for the possession of the specific portion without effecting the partition of the joint property.
b). No.
c). No.
d). No.
Lawyer SALEEMA KABEER
(Expert) 04 June 2014
No Co-owner can enjoy the property by excluding other co-owner.
Therefore, A can not rent out any portion of the property to anybody without the consent of Y.
Like wise, since A has no independent absolute right over the property and since both the A and Y are the joint owners of the said property, A can not make any improvement in the said property by constructing any building as his own.
Hence, the advice is approach the civil Court to get injunction for restraining the A.
Dr J C Vashista
(Expert) 05 June 2014
I agree with experts, Y has to make a suit against X as well as A for an injunction till partition/demarcation and separation of specific part of property to devolve/ owned and possessed by X vis-a-vis Y.
Which part of the property was owned/ possessed by A for taking over at the time of sale transaction subsequently raising a construction and handing over to the tentant?
ts
(Querist) 05 June 2014
Thanks for the answers ...
The Sale Deed where A has purchased the share mentions that the property is Undivided and is in possession of the Tenants.
ts
(Querist) 05 June 2014
Thanks for the answers ...
The Sale Deed where A has purchased the share mentions that the property is Undivided and is in possession of the previous Tenants.
ajay sethi
(Expert) 05 June 2014
agree with experts
Raj Kumar Makkad
(Expert) 05 June 2014
Whatever A has pleaded in his pleadings, has to be rebutted on the basis of documentary evidence.
T. Kalaiselvan, Advocate
(Expert) 07 June 2014
If the purchase was of undivided share, how could A make construction on it, how did he identify his share of the property without proper demarcations or check boundaries?, therefore the very construction in he undivided portion of his share in the property is illegal and any activity or further transactions in it will be invalid and not binding on the other co-sharer, so Y can very well approach the court for obtaining a permanent injunction against A until the partition by metes and bounds, good and bad soil is effected.
