Hi Experts,
I and my wife brought a rental property in joint and we were staying in one of house in GF. now due to differences she filed divorce and dowry harrasment filling false complaints if I go home. now that she as put out one of the property on lease for 10lakh and I am not getting a penny out of it how can I legal proceed to get the tenant evicted or atleast get half the lease amount as I am also co-owner of the property. partition suite filed and only stay order of not to Sale the property is ordered.
Hi,
1.First of all, you need to know the consent of co-owner(s) is essential before the property could be rented.
2. If you have inherited the property and have an undivided share, then you become a co-owner automatically and it won't matter whether your name is not yet mutated in society records.
3. You can address a letter to society and tenant informing about the situation above.
4. I will advice you to get the successsion certificate from the court of Civil law.
5. And then If needed, you may have to file suit for injunction from getting it rented.
