Renting undivided share of immovable property

shyam lal (Querist) 18 August 2023 This query is : Resolved
A share holder is residing in a portion of the undivided immovable property
and now he wants to rent out the portion in which he is residing .
Query..does he need to give notice or get a NoC from other share holders?
The propery has been divided on percentage basis among co share holders.

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If you're a shareholder residing in a specific portion of an undivided property, you can generally rent out that area without needing explicit permission or a No Objection Certificate (NoC) from other co-owners. This is because you are occupying and letting out your own share, especially if the other shareholders are aware and haven't objected. Should any co-owner object, they would need to pursue a legal partition of the property.

kavksatyanarayana (Expert) 18 August 2023
You stated in the first sentence that the portion of the undivided but in the last sentence the property has been divided on percentage, which is correct? If it is divided, he can give his portion to rent otherwise, he only cannot give it to rent.

T. Kalaiselvan, Advocate (Expert) 18 August 2023
If the shareholder is residing in a portion of the proeprty even though the property was not legally divided among the shareholders, this is well within the knowledge of other shareholders and they have not objected to his habitation in the chosen portion of the property, then subsequently he can let out the so occupied property on rent to the prospective tenant, he need not have to obtain any permission or NOC from others for the reason that he is occupying his own share of the undivided property and that too with the knowledge of other shareholders.
If anyone is objecting to it, then let him file a suit for partition to inherit his share in the property sand until then he can allow the tenant to occupy the rented premises till the disposal of suit or till such time the court passes an order to evict the tenant.

Advocate Bhartesh goyal (Expert) 19 August 2023
Yes,a shareholder of undivided property can let out the portion in which he is residing.He need not to take NOC from other shareholders.

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