Disputed Property

6 years ago

Hello, I want to ask that we are 4 brothers and 1 sister .and both of parents are dead .They have already written their will with consent of my 3 brothers and sister. I was not there at the time of will .but my dad had made all of us four brother rightful owner of his any direct and indirect ,moveable and immoveable property. Now the all 3 of them filed in court that they got right to disown me from the property but I won the case. Now they are renting residential plots forcefully for commercial use under rent agreement .And I am not included in that agreement. My ques are
1. Can 3 out 4 owner give the undivided property on rent without consent of 4th one. And is that owner-tenant agreement is valid for undivided property?
2.Can an undivided residential plot be used for commercial purpose?
3. Can I ask tenant to vacate the property without filing for it in court ?

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Adv. Sarika Khude

Responded 3 years ago

A.need more details

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Deepak Yashwantrao Bade

Responded 5 years ago

A.dear client in your case Yes, it can be rented for commercial purpose but with the consent of all the owners.

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NILANJAN CHATTERJEE

Responded 6 years ago

A.Since it is an undivided property your consent is very much required. Yes, it can be rented for commercial purpose but with the consent of all the owners. Yes you can ask them to vacate the property through a letter but i dont think it will be fruitful.

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View 4 Replies

Anonymous

Replied 6 years ago

Thanks. Is agreement of rent between tenant and 3 of them is valid? If 4th is not included in that.

Anonymous

Replied 6 years ago

And what should 4th one do in this case.

NILANJAN CHATTERJEE

Replied 6 years ago

For your first query since it is a joint property everyone's consent is required. so if you haven't given your consent then it is invalid.

NILANJAN CHATTERJEE

Replied 6 years ago

Send a letter to the tenants and inform them about your situation and also send such letter to the other heirs of the property.

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