Joint owned property on bhara salami basis
4 years ago
Me and my cousin own a flat measuring 700 sq ft on bhara salami basis in Kolkata. He owns 400 sq ft and I own the rest. We pay rent to landlord but don't reside on the said flat as I stay in a separate residence and he is an NRI. Now for the past 6 years I allowed his brother and his wife to stay there free of cost, but presently have an objection with them. I want to know what are my rights as a co owner? What if I don't want them anymore and my cousin doesn't want them to go. What can I do in the said matter?
A.Serve a notice upon them to vacate the premises. And then you can file for an ejectment suit.
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Thank you.
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Ayantika Mondal @ Prime Legal
Responded 4 years ago
A.Hi,
The question remained to do you own the flat or under rent? as you have mentioned that "We pay rent to landlord"
If you are under rent and further sub-lease the to his brother's family, you may simply discontinue the tenancy. If you own the property partially, you may ask them to vacate your portion, failing which you may consult with a local lawyer to issue a legal notice and thereafter ejectment suit.
The question remained to do you own the flat or under rent? as you have mentioned that "We pay rent to landlord"
If you are under rent and further sub-lease the to his brother's family, you may simply discontinue the tenancy. If you own the property partially, you may ask them to vacate your portion, failing which you may consult with a local lawyer to issue a legal notice and thereafter ejectment suit.
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A.You can get issue a legal notice for vacating them and then approach the Civil Court you will succeed.
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