Rental place and possession...
ts
(Querist) 13 April 2014
This query is : Resolved
A flat was rented out from which the two legal heirs my father and my aunt used to receive rent from the tenant.
My father expired 10 years back.
I received a cheque and a letter from the tenants regarding payment of rent to my father's share in the rent some 10 years back.
I never deposited the cheque and henceforth i never received any further rent or correspondence from the tenants.
Recently my aunt sold of her 50 % undivided share in the said property by executing a sale deed.
My queries are-
1.Do i still have the right to this property being my fathers only legal heir as it is been 10 years and i have never claimed any right on this property.
2.Was it legal for my aunt to sell her share of undivided property as she just executed a sale deed to the same.
3.Can the tenants of the property give the possession of the property to the new co owner of the property as i have no correspondence with the tenants for the last 10 years if they are not interested with carrying on with the tenancy.
4.Can/Should I send a legal notice to the tenants claiming my rent for the last 3 years which comes under the limitation and also state them to not to hand over the possession to the new co owner alone without my consent.
thanks a lots ...
Devajyoti Barman
(Expert) 13 April 2014
wHOA RE YOU AND HOW ARE YOUR RELATED TO THIS QUERY?
This is your second query in different topic.
ts
(Querist) 13 April 2014
What ... Nope... never asked same query...
I am the person asking this query...
I am a lawyer by profession in a diff. field of law and thus want some clarity to my position by my lawyer brothers in this forum who have knowledge about civil laws.
Thanks ...
Dr J C Vashista
(Expert) 14 April 2014
ts,
Can you disclose your identity please?
Answer to your query:
1.Yes, you have the right to the property being only legal heir, but your claim appear to be barred by limitation.
2.Was it legal for my aunt to sell her share of undivided property as she just executed a sale deed to the same?
Ans: Sale transaction was complete when it was legal and registered. Since she has disposed of her share (50%)no infirmity is there.
3.Can the tenants of the property give the possession of the property to the new co owner of the property as i have no correspondence with the tenants for the last 10 years if they are not interested with carrying on with the tenancy.
Ans: The possession of the flat cannot be given since the portion is unsettled.
4.Can/Should I send a legal notice to the tenants claiming my rent for the last 3 years which comes under the limitation and also state them to not to hand over the possession to the new co owner alone without my consent.
Ans: Yes, demand arrears of rent, open the case and proceed accordingly.
Since Rent Control Act is a State subject which differs (slightly) in some States, so before proceeding please check:
Which state the property is located and what was the agreed rent?
ajay sethi
(Expert) 14 April 2014
you continue to be owner of 50%of the property . you can demand rent arrears form tenants for last 3 years .
Rajendra K Goyal
(Expert) 14 April 2014
1. Yes you have right.
2. She has right to sell her share.
3. Tenants can not give possession of unsettled portion.
4. you should serve notice.
ts
(Querist) 14 April 2014
Thanks a lots all for the answers...
1.The tenants dint want to continue as tenants and the co owner has managed to take possession of tenanted property from the tenants and occupies the same now. What are my options now.
2.Can one sell undivided share of the propertyn which has been given for rent.
thanks in advance ...
malipeddi jaggarao
(Expert) 14 April 2014
The property is flat you are the joint owner (being the lone legal heir of your father).
You have to settle the matter with your aunt first. She cannot sell the 50% undevided share without your consent. Serve a legal notice on co-owner and also on the tenant demanding share of the rent. Meanwhile, effect mutation of property in the municipal records.
ts
(Querist) 14 April 2014
Thanks...
Thats great news ...
The property is a shop in Delhi.
The terms between my aunt and me are strained.
She has already sold the property vide executing the Sale Deed, how can the terms be settled with her now, after the sale.
Dr J C Vashista
(Expert) 14 April 2014
Sale deed of her 50% share in shop executed by your aunt and did not part with possession to vendee?
Now you have to negotiate with purchaser otherwise file suit for partition impleading your aunt and the vendee.
T. Kalaiselvan, Advocate
(Expert) 14 April 2014
If your aunt was a joint owner in the property, she has full rights to sell her share of property in the undivided property.The sale can be effected only to the extent of her share and to identify her share, a partition should have been arrived between her and the other owner (legal heirs of deceased owner), however if the buyer has agreed to buy the undivided share of your aunt, it is still valid, based on the title deed, you can effect the mutation and transfer the records on your name to the extent of your share through the concerned department,besides, you can give notice to the new owner to vacate his illegal occupation into your portion of share in the property and handover possession to you immediately and also you can demand the rent for the period of his illegal occupation in the said portion of the property. You can demand the arrears of rent from thee tenant from the beginning, let him say that is is barred by limitation, this confirm the legal status of his non payment of rent at least to the for the period of three years and he will commit to same.
ts
(Querist) 15 April 2014
My Aunt and my Dad became co owners of the property on the basis of the probated will.
I have just come to know that they my new co owner has taken the possession from our tenants and the tenants gave them the possession stating that we were not existent for the last 10 years as we never claimed any rent from them.
Can my new co owner give this property out on rent to anybody without my consent and
Can he operate some business from that place without my consent and if does so what are the choices with me.
Thanks a lots ...
Highly appreciative about the help i am getting from this forum.
V R SHROFF
(Expert) 30 April 2014
your 50% share is intact.
If new owner rent it// it amt to sublet and u get eviction order.
