Rent agreement

Querist : Anonymous (Querist) 12 December 2010 This query is : Resolved
Before two years I purchased one shop with equal partnership with one friend. Now, before two months we had a discussion to give it on a rent and yesterday I came to know that he has given on rent to one party. Now, what I want to know is as the property is registered jointly in my wife name and his wife name, don't we need signature on rent agreement of both owner. Because my friend told me that he has given it on rent and had made an agreement. He has taken security deposit cheque of his wife's name. Now, is it okay or there could be possiblity of a fraud against me in future with such deed. Please let me know for the same..

Follow Query

Report Abuse

Devajyoti Barman (Expert) 12 December 2010
Any co-owner or co-sharer of a property can validly give the property on rent even without the knowledge or consent of another.So your friend had not done anything unlawful. However to restrain such incident in future you could incorporate in the partnership deed that without the consent or knowlede of both the partners no transfer of property or business out of it could be taken. No need to bring in the respective wives.

Arun Kumar Bhagat (Expert) 12 December 2010
Have you made partnership deed? If yes then what is the clause for giving the shop in rent? To avoid any future dispute you ask the other partner to give you half of the security amount and convince him to get a rent agreement properly drafted otherwise your partner with connivance of tenant may grab the shop for forever. Tread cautiously.

Khaleel Ahmed Mohammed (Expert) 12 December 2010
I agree with Mr.Berman.

s.subramanian (Expert) 12 December 2010
Legally neither you nor your friend have any right to lease out the property. Since the properties belong to your wife and your friend's wife,they alone can lease out. If your friend has done it without your consent and knowledge,it is highly improper. You can object to the same and ask him to reconsider the matter and lease afresh on mutual consent. If you don't do it now,you will be waiving your valuable right over the property and your silence will be interpreted against your legitimate interests.

Advocate. Arunagiri (Expert) 12 December 2010
If you are the co owner of the shop, the rental agreement without the your knowledge is illegal.

Uma parameswaran (Expert) 13 December 2010
I am supporting Expert. S.Subramanian's suggestion.

Previous

Next

You need to be the querist or approved LAWyersclub expert to take part in this query .

Click here to login now

Similar Resolved Queries :

Ask Query
Unanswered Queries