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SWATI ATRIWAL (LAWYER)     29 July 2008


hi, everybody

 can a co-owner during the pendency suit of partition lease out apart of the property for a limited period ? 

 2 Replies

rajvinder (lawter)     29 July 2008

no during the pendency of a suit regarding the property in dispute nothing can be transfer by any method is allowed during lis pending.


Hi, Swathi,

The suit is simple for partition and separate possession of the property.   Until the suit is decreed, the party who is in possession of the property can enjoy the same for his beneficial interest.  Unless there is any order of injunction from the court, there is no prohibition for the party in possession from leasing out the property.  You can claim mesne profits of your share from out of the said property.  Once, the suit is decreed, the entire property including the property which is leased out is liable for partition.  The lease holder cannot claim any rights over the property and he cannot make any objection on the principle of "Lis Pendens".  

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