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.It is better to consult a Property Lawyer

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Deepak Yashwantrao Bade

Responded 5 years ago

A.dear client kindly approach the concerned civil court by filing a suit for injunction restraining the other coowners from executing lease deed with out your consent .

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SUMSON .T.S

Responded 6 years ago

A.You can approach the concerned civil court by filing a suit for injunction restraining the other coowners from executing lease deed with out your consent .

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Johnson Thangiah

Responded 6 years ago

A.Sir,
As per HUF the kartha can take decision on land and properties but you are one of the owner.You approach the civil court for your property.

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Ambrose Leo

Responded 6 years ago

A.You have not stated what property,suit or Case you won or decided in your favour. As far as you quarry no 1. Undivided property can not be rented out without your consent.You can exercise your right on basis of written will, & Court order decided in your favour and contest the rent agreement. 2.An Undivided residential plot cannot be used for commercial purpose. 3.You cannot ask tenant to vacate the property further point no 1.applicable regarding the rent agreement made good faith till your dispute. It is better to consult a Property Lawyer to settle the dispute & protect your interest.

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Anonymous

Replied 6 years ago

Thank you sir for your advise. I won the case against the ownership of inherited property of my mom and dad. They filed the case they want full power on the inherited property and remove me from that.

Anonymous

Replied 6 years ago

I cannot provide rent agreement copy to the court because their tenant are not giving the agreement and fought with me and had complained against me that they have life threat from me and my family.

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