Renting an undivided property

Guest (Querist) 24 October 2013 This query is : Resolved
I AM IN POSSESSION IN AN UNDIVIDED PROPERTY FROM 27 YEARS BACK AND HOLDING 40% SHARE IN IT. TILL NOW I HAVE PAID ALL D MUNICIPAL TAXES AND MAINTAINENCE OF ENTIRE PROPERTY AS A WHOLE AS THE OTHER CO OWNERS HAVE NOT SPEND A SINGLE PENNY ON MAINTAINENCE AND MUNICIPAL TAXES.NOW I HAVE PURCHSASED A NEW PROPERTY AND WILL GET SHIFT WITHIN 6 MONTHS.I HAVE FOLLOWING QUERIES.
1.AS I AM NOW SHIFTING, CAN I RENT THE PART IN WHICH I HAD POSESSION IN THE UNDIVIDED PROPERTY?
2.THE OTHER CO OWNERS ARE IN INTENTION TO ENTER MY POSESSION WITHOUT MY CONSENT AS SOON AS I WILL GET SHIFT. ARE THE OTHER CO OWNERS ALLOWED TO DO SO? IF THEY DO SO CAN I FILE A COMPLAINT AGAINST THEM?

Follow Query

Report Abuse

adv. rajeev ( rajoo ) (Expert) 24 October 2013
You can give it on the rent, but tenent should not be disturbed by the co-owners. You will have to protect the interest of the tenent.

P. Venu (Expert) 24 October 2013
Payment of municipal taxes would not lead to erosion of the rights of the co-owners. You have been in possession of the whole property; it is natural that you have borne the expenses for maintenance esp. since you have been in enjoyment of the whole property without providing, in any way, any compensation to the co-owners. Your own narration reveals that the co-owners were too magnanimous towards you. Now that you are shifting the property, come to an amicable arrangement in renting out the property or its utilization as could be commonly agreed.

Please note that the primary objective of rule of law is in ensuring protection life and property and not in assisting to pursue exaggerated desires and claims.

Devajyoti Barman (Expert) 24 October 2013
1.yes
2. Better file a suit for partition and for injunction against forceful entry.

Rajendra K Goyal (Expert) 24 October 2013
Well advised, nothing more to add.

malipeddi jaggarao (Expert) 24 October 2013
I fully agree with the expert Mr.Venu.

R.K Nanda (Expert) 24 October 2013
agree with experts.

Guest (Querist) 24 October 2013
THANK YOU EXPERTS FOR REPLY BUT D UNDIVIDED PROPERTY IS G+2 WHERE I AM HAVING POSESSION IN HALF OF GROUND FLOOR AND FULL 1ST FLOOR. I JUST WANT TO RENT MY PART i.e HALF OF GROUND FLOOR AND FULL FIRST FLOOR. WHILE RENTING MY POSESSION PART DO I NEED OTHER CO OWNERS CONSENT OR IF I RENT WITHOUT THEIR CONSENT CAN THEY FILE A SUIT AGAINST ME?

Sudhir Kumar, Advocate (Expert) 24 October 2013
you are not the absolute owner and bound to share the property with all. Merely by paying municipal due etc you are not the owner.

Guest (Querist) 24 October 2013
SIR I AM NOT SAYING THAT I AM OWNER OF D FULL
UNDIVIDED PROPERTY BECAUSE I HAVE JUST PAID MUNICIPAL TAXES AND MAINTAINENCE. MY ONLY QUESTION IS WHILE RENTING MY POSESSED PART IN UNDIVIDED PROPERTY IS IT NECESSARY TO TAKE OTHER CO OWNERS CONSESNT. IF I DONT TAKE CONSENT FOR RENTING MY POSESSED PART STILL CAN THEY FILE A SUIT AGAINST ME?

Devajyoti Barman (Expert) 24 October 2013
Yes, you can rent your part for which you do not require the consent of your co sharer.

ajay sethi (Expert) 24 October 2013
you can rent the property in your possession. do inform other co owners about your plans . if they object dont vacate property in your possession . rent out your new premises

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