rent out agreement

preet (Querist) 30 July 2011 This query is : Resolved
"X" take property on rent from "Y". "Y" acquire this property in will from his father. according to will the property is 50% of son that is "x" and 50 % of his daughter. "X" gave property on rent individually where daughter consent is missing. my quary is:-
what are the rights of daughter now.. can she get back possession of the property?

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Swathi S Bhat (Expert) 30 July 2011
Sir,

If the rented property includes the share of the daughter, then definitely she is having the right over her share. She can file a suit for partition and separate possession against X and Y. She can get back her share. But your query is incomplete. When the daughter got the knowledge about this fact also counts.

preet (Querist) 30 July 2011
she get the knowledge of same after a month. the month is complete 27 july 2011. is she get possession from lessee and on what bases?

prabhakar singh (Expert) 30 July 2011
TENANCY FOR ENTIRE HOUSE BY SON IS BAD IN ABSENCE OF AUTHORITY FROM DAUGHTER AND THEREFORE IS NOT BINDING ON THE DAUGHTER.

Swathi S Bhat (Expert) 30 July 2011
Sir,

Your case is within time. You are having a very good ground. Plz go ahead.

M/s. Y-not legal services (Expert) 30 July 2011
Yes. Am agree with above experts.. The daughter is entitled to claim half of the share. Also can file a suit to evict the tenant.

Advocate Bhartesh goyal (Expert) 31 July 2011
Daughter can claim partition and possession of her share.

M V Gupta (Expert) 31 July 2011
The lease of the entire property by the son is not binding on the daughter's share. U may ask the son to get the lease deed ratified by the daughter so that she may not proceed against you for trespass and damages/ eviction.