Leave and license agreement
2 weeks ago
I am living in our ancestral property for 50 years. The ancestral property is big in size and lot of portion is lying vacant yet my uncle has filed suit for partition in the local court demanding his share in the suit property. Now the case is pending before the local court for 10 years. I want to give one shop on rent which I built 20 years back in my area of possession. Is it proper to give it on rent by preparing leave and license agreement. My uncle and other co owner has no objection to this as I am giving the shop on rent which is built in my area of possession. I already rented one shop 10 years back by preparing leave and license agreement.Is it as per law or is it unlawful. If it is unlawful then what are its consequences on me and on the tenant.
Until an undivided ancestral property is partitioned through a decree of partition issued by a Civil Court, a coparcener or legal heir cannot claim their share in the property. Once partitioned, the property loses its ancestral status and becomes self-acquired property for the recipients, granting them full rights to manage and dispose of it. Subletting a portion of the property without being an owner or without a defined share through a partition decree can lead to complications, especially if disputes arise with tenants or if other co-owners claim a share of the rental income earned from the undivided property.
Until and unless an undivided ancestral property is partitioned through a decree of partition passed by a Civil Court, a coparcener or legal heir cannot get his/her share in the said property. Once the ancestral property is partitioned, it ceases to have the character of 'ancestral property' and becomes 'self-acquired property' in the hands of the family members who have received it, which gives such family members an unfettered right to deal and/or dispose of such property. So, without being an owner of your share and having no identified share in the said property through a decree of portion, if you sublet a portion of the said property that may put you into trouble if any dispute arises between you and the tenant and in case, other co-owners claim a share in the rental income earned from the undivided property.
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