Dear Experts / Panellist,
Q: Can rented property be part of partition suit of a joint family when tenancy / Rent bills are in separate name of family members?
Any case law for citation?
Adv B.B.Gambhir #9814820602 (advocate) 14 February 2020
as per law, tenant has no right to interfere in ownership right hence the tenant can not interfere in partition proceedings of co-sharer.
the rented property will also be the part of partition proceedings of co-sharers.
sunil (prop) 14 February 2020
Dear Gambhir Sir,
Please advice what would be the position when:
The sparring parties are all tenants.
Tussle is between two brother's family.
Possession of the tenanted rooms are with brother "A".
Family of brother "B" has fabricated a Rent Bill from the Landlord in their names.
Family of brother "B" is trying to takeover possession by filing a Title suit against brother "A"