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Bharat Soni (Student)     18 May 2022

Rental rights of co-owner in undivided property (residential units)

Hi one of our client has 4 floors residential units at Kolkata, Burrabazar. The property is undivided and has 3 co-owners. The entire ground floor of the property having 3 rooms is occupied by one of the co-owners who aslo happens to be relative of my client. 

The ground floor was intially held by the co-owner was his personal use however recently he started renting out the rooms to outsiders for office purpose. No intimation was given to other co-owners nor any approval has been taken from them. Kindly note there is partition suit pending before the Hon'ble Court for the aforesaid property.

Now, with regards to aforesaid situation, I have following questions :

(a) What are the rights of co-owners in Kolkata in respect of rentals received from the undivided property and under which law and whether any supreme court or high court judgement is there in this respect.

(b) Can the other co-owner by themself demand from tenant rent as per current market value?

I would highly appreciate if our fellow lawyers can give assitance in this regards. 


 1 Replies

P. Venu (Advocate)     18 May 2022

You may amend the pleadings in the pending suit to include the fresh development and may seek the share of rent as well. 

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