Co-owner mother threatening owner daughter to rent out flat

Dear Sir/Madam,

Issue a Legal Notice

Send a legal notice through an advocate stating:

You are the person who paid the entire consideration

Her notice is false and malicious

She should withdraw the public notice

She should not interfere with renting the property

If she refuses, it strengthens your case.

File Civil Suit (if interference continues)

You may file a suit for:

Permanent Injunction

Relief sought:

Restraining her from interfering with your peaceful possession

Restraining her from issuing false notices affecting the property

Partition Suit

If disputes continue, file a partition suit.

Possible outcomes:

Court may determine actual shares

You can request full ownership on payment of her share

Property can be divided or sold

Courts often consider who paid the purchase money.

Rent with Safeguards

You may still rent the apartment but:

Mention in rental agreement:

“Property owned by X and Y; rent being collected by X.”

Prefer registered lease agreement

Inform tenant about the dispute.

Dear Client,

Since your mother is recorded as a co-owner of the apartment, she legally has an ownership interest in the property irrespective of who paid the purchase consideration. In law, one co-owner generally cannot exclusively deal with the entire property without the consent of the other co-owner. Therefore, her objection to renting or otherwise dealing with the flat may create practical and legal complications, especially if she has already issued a public notice.

To safeguard your interests, you may consider issuing a legal notice disputing her claim and clarifying your position. If the dispute continues, you may approach the competent civil court seeking appropriate relief such as declaration of rights, partition, or injunction to regulate the use of the property. Until the ownership dispute is clarified, renting the entire flat without the consent of the co-owner may expose the tenant to future disputes. Consulting a local property lawyer with the title documents and payment records would be advisable.