Decode Ballistic Reports Like a Pro. Register Now!
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

nlr (na)     25 July 2026

Partition and eviction

My sibling and I co own a property. By a long standing arrangement, sibling has rental agreements with some tenants and they pay her directly. Similarly, I have rental agreements and I receive rent. I want to file eviction suits for tenants who pay to me. Two lawyers whom I met are saying that I either need her consent or i need to partition the property first.

Sibling is not on talking terms since two years and has blocked all communication.

What options do I  have? I cannot wait indefinitely to have her cooperation. 

I was told one option is to make her a party to the eviction suit but I have absolutely no idea how she will react. She and I have not disturbed the rent collection arrangement between both of us anytime. 

We do not have any formal written agreemnt that she and I handle some tenants each exclusively.



Quick Summary
If you co-own a property and wish to evict tenants who pay rent to you, you may be able to file eviction suits without your sibling's consent or a formal property partition. While some legal advice suggests otherwise, it's generally possible for one owner of a jointly owned property to initiate eviction proceedings under the relevant Rent Control Act. Any objections from your sibling can be addressed legally or through negotiation later.

 4 Replies

Advocate Bhartesh goyal (advocate)     26 July 2026

All owners jointly  or a single  owner of joint property can file eviction petition against tenant. You need not to proceed for partition of property or get consent of your sibling ( other owner ).

Dr. J C Vashista (Advocate )     26 July 2026

You can file an eviction case against the tenant on your behalf in accordance with Rent Control Act/Rules applicable in your State.

However, if your sibling has any objection it may be sorted out subsequently (legally or out of court)  

kavksatyanarayana (subregistrar/supdt.(retired))     26 July 2026

You shall issue legal notices to your tenants to vacate the property; otherwise, you may file an eviction suit in a civil court.  

P. Venu (Advocate)     28 July 2026

Yes, you may serve legal notice seeking eviction. If ned be a civl action may be initiated for eviction. As a matter of abundant precaustion, you may include the sibling as a proforma defendant.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register