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sunil (prop)     14 February 2020

Tenancy - partition suit

Dear Experts / Panellist,


Pleasse advice:

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?




 2 Replies

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"



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