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Christin   13 April 2022

Pls really help need out of the box solution

We are 3 co owners to flat in Mumbai

1. My flat is given on rent without consent 

2. I am forced to stay on rent and I have baby it very challenging in all aspects to shift every 11 months

3. After sending a notice still there is no solution and now my brother is depositing Rs.6500/- as rent in my account.I just don't want this is by force and bullying and harrasment for me mentally, emotionally and I don't know what to do

 

 

 



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 14 Replies

Advocate Bhartesh goyal (advocate)     13 April 2022

File eviction petition against tenant on ground of personal bonafide necessity .

Dr J C Vashista (Advocate)     13 April 2022

I endorse the expert advise of Mr Bhartesh Goyal.

Get the property partitioned and eviction of tenant for your use through a local prudent lawyer

Christin   13 April 2022

Dear Sirs,this new leave and license rental agreement is not registered in my name but on the other two co owner's name..

Hence can I still file an eviction suite ?I am one of the co owners

Also what is What is competent authority and can they help me? Am in Mumbai

 

P. Venu (Advocate)     13 April 2022

Who are the other co-owners? The posting suggests deeper issues. Please post complete facts.

Christin   13 April 2022

Dear Sirs,this new leave and license rental agreement is not registered in my name but on the other two co owner's name..

Hence can I still file an eviction suite ?I am one of the co owners

Also what is What is competent authority and can they help me? Am in Mumbai

 

Kishor Mehta (CEO)     13 April 2022

File a partition suit against the other two

co-owners. 

Supinder Singh   13 April 2022

  • You can file a partition suit in your local civil court (under whose jurisdiction, the flat falls).
  • The court will first determine your share and then divide it between the co-owners.
  • If the flat could not be divided, then the court will direct the sale of the flat at the market rate.

Christin   23 April 2022

A verbal and hand written and personally notice was delivered to the tenant when the rental agreement was with me and the same was getting over on 31st December 2021. Still the tenant and my brother have gone and got a new rental agreement made before 31st December 2021.

I have recently sent a lawyer notice and I have not got a reply from the tenant and only my brother has responded with nonsense...

Should I still send eviction notice to tenant ? Also will it be time consuming...

Can i not move with my baby in the house ?

What will be the consequences if I take such step as current rental agreement does not have my name and consent... please advise earliest
 

Kishor Mehta (CEO)     24 April 2022

If the flat is jointly owned by three partners  and if one or two partners give it on Leave & License to someone, the third partner can not file an eviction suit against the licensee. He has the only remedy either to demand his share of the license fee profit or file a partition suit against the other two joint owners. 

Christin   25 April 2022

Hi Kishor Sir,

Thank you for your reply. Besides the above point of share within few days I will be homeless as my current lease is expiring and have lost my job...

As I have not given consent for my flat to be rented,is there hope or a way for me to move with my daughter till some stability in my financial situation.....

Kishor Mehta (CEO)     26 April 2022

You may convince the other two co-owners about your needs and ask them to get the flat vacated and permit you to stay in the flat. Alternatively you may file a partition suit. It will be in your interests to settle the matter amicably.

Dr J C Vashista (Advocate)     27 April 2022

Amicable settlement with brothers may be preferred 

Christin   01 May 2022

There is no amicable solution to this since 2020, I have tried from my end ,my dad has no objection but my brother is controlling any say from my dad side.As he is Medically not well.Many times I have mentioned in the post that I am not even allowed to meet my father...

MY BROTHER IS ALSO THREATING ME OF DEFEMATION SUIT STATING I AM TRYING TO SPOIL HIS CAREER.WHERE I AM ONLY FIGHTING FOR TEMPORARY SHELTER IN MY CO OWNED FLAT AND INVINTING THEM TO STAY AS WELL 

Kishor Mehta (CEO)     01 May 2022

In the circumstances as you have stated the only alternative is to file a partition suit. 


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