Rent

shyam lal (Querist) 15 June 2021 This query is : Resolved
Since I am not staying in the premises can I demand monthly rent from the other share holder for using my premises as I have 50% share in the immovable property as per the registered WILL of our deceased father.point to be noted its mentioned in the. WIIL I can sell my share to the other if co share holder does not agree to pay me the price I demand,but there is no mention of asking for rent.At present iam interested in rent.kindly advice,

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If you co-own a property with a 50% share and the other shareholder is using your portion, you generally have the right to claim rent, even without a formal agreement. While the will might mention selling your share, it doesn't preclude you from seeking rent for your property's use. If your co-sharer refuses to pay, you could consider legal action to recover rent or even restrict their access to your portion.

Advocate Bhartesh goyal (Expert) 15 June 2021
your father had bequeathed 50% share in property through registered will and after demise of your father you became 50% owner of his property and remaining 50% share of property to other co-sharer.your 50% share of property is being used by other co-sharer and you have every right to sell,gift or transfer your share in property so you have also right to claim rent from other co-sharer as your share is being used by him.

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kavksatyanarayana (Expert) 15 June 2021
I agree with the advice of the above learned expert. Mr.Bhartesh goyal sir.

Sankaranarayanan (Expert) 15 June 2021
Yes I do agree if you really need to sale the property then give priority to your co share owner .

Dr J C Vashista (Expert) 16 June 2021
Well analysed, opined and advised by expert Mr. Bhartesh Goyal, I agree.

Sudhir Kumar, Advocate (Expert) 16 June 2021
You can. You may file civil suit and after years you may (or may not) get some money which will be much (much much much) less than the relationship you are going to loose (100% sure)

shyam lal (Querist) 16 June 2021
Sudhir kumar I have not understood your reply,please explain again.

T. Kalaiselvan, Advocate (Expert) 17 June 2021
As per the Will the testator bequeathed the property to two beneficiaries with equal share in the property.
Now upon enforcing the Will, the shareholders are entitled to 50% share alone each out of the property.
As you have mentioned that your share in the property is being used by the other shareholder, you have all the rights to demand a fir rent from him for using your share of property, if he denies or refuses to pay the rent demanded, yo may lock your portion of property and do not allow him to use the same after that, besides, you may even issue a legal notice demanding the arrears of rent for using your share of property so far , subsequently you may file a suit for recovery of rental amount (even though there is no rental agreement) based on the legal notice.

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