Joint owernship property - Tenant eviction
2 years ago
Dear lawyers,
This site is amazingly helpful. I have read many questions and advises here. Quite informational for the public. Highly appreciate your service.
My situation:
I have a joint ownership property. I want my share of contribution from the property as I am not in good terms with the co-owner(ex-spouse). They are yet to settle the property share with me which was supposed to happen 3 years back. I am still a registered co-owner of the property.
Three years ago we rented the property to the other co-owner's brother. He has been living there since and paying the rent regularly. I had a rental agreement with the tenant for the first year. But from the 2nd year, the other co-owner has the rental agreement with the tenant. (The rent is going towards EMI of the house loan). I don't have the copy of the rental agreement.
Now I would like the tenant to vacate the property so that I can sell of and divide the shares.
Questions:
1. As I don't have the latest rental agreement with me. (it is with the other co-owner name), can I send a notice to the tenant to vacate.
2. I read that as per a supreme court law, a owner cannot vacate a tenant for 5 years without some specific reasons. Given that he is paying rent and staying there for 3 years, will he be able to use that clause and stay there for 2 more years and drag the case?
3. Can I say I am going to move in to the property (to prevent the above scenario)? Will the other co-owner object to this?
Thanks in advance!
Please advice.
My answers are as follows:
1. As I don't have the latest rental agreement with me. (it is with the other co-owner name), can I send a notice to the tenant to vacate.
Ans: Without the consent of other co-owner you cannot send the notice so formally seek consent of your co-owner before issuing such notice.
2. I read that as per a supreme court law, a owner cannot vacate a tenant for 5 years without some specific reasons. Given that he is paying rent and staying there for 3 years, will he be able to use that clause and stay there for 2 more years and drag the case?
Ans: Such case law is not applicable to the facts of your case.
3. Can I say I am going to move in to the property (to prevent the above scenario)? Will the other co-owner object to this?
Ans: You may file a suit for eviction then get possession and then can move into that property.
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Sidhaarth
Responded 2 years ago
1. Till expiration of tenancy period or unless there is gross violation of tenancy, tenant cannot be evicted. Your notice will not survive as property has rightly let out by co-owner.
You have all right to reside in that property and get the tenant out. You are co-owner. First get the rental agreement done in both of the co-owners name and then file for eviction and send a legal notice to the tenant. Yes you can say that you are going to reside in that property and give tenant sufficient time to evict the property.
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Advocate Sinjari Bandyopadhyaya
Responded 2 years ago
Please take note that the Eviction Notice can only be given by that Owner with whom that tenant/ Licensee has Agreement.
It is necessary on your part to give your co-owner the Notice to execute and register Partition Deed and in default you can file Partition Suit praying for Declaration, Partition, injunction against transfer.
After Partition being the sole Owner of your divided portion,you can take necessary steps for evicting the tenant.
Ayantika Mondal @ Prime Legal
Responded 2 years ago
A co-owner has right to possession, right to use and right to dispose off the property. In case of tenant-in-common, the type of co-ownership is not specifically stated. Each tenant-in-common has a separate fractional interest in the entire property. ... Joint tenants hold a single unified interest in the entire property. So you being a co-owner can claim your interest in the property and get the rental agreement in both of the co-owners name.
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