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Common Property income which is leased out. Should it be divided?
23-Sep-2023 (In Property Law)
We have a Family building in Mumbai suburbs of 6 flats. 4 flats are occupied by our siblings. 2 flats are given out on rent / lease. After the death of our father , the property has not been transferred to his heirs / children. The fifth sibling is a Jesuit priest. Fourth sibling is a Canadian citizen. Should the Income from the 2 leased flats be shared equally among all the 5 children? or only those (3) resident in the building? If one sibling leaves the country, can he lease out his flat ( not yet transferred in his name) out and enjoy the lease rent all by himself?
The revenue from the building must be shared equally between the legal heirs. Therefore, if there are five siblings and six flats, and four flats are occupied by four siblings, the rental amounts from one flat should go to the fifth sibling and the rent from the second leased flat should be divided equally.
It is immaterial whether one sibling is outside the country. However, if you are a Hindu family, and one heir has converted to another religion, he will be disqualified from the inheritence.
It would be best for your family to execute a family settlement deed and divide the property equally to avoid further complications.
A person who is not in the country can always execute a power of attorney in your favour allowing you to act on his behalf.
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Adv. Siddhant Sharma
Delhi | 200+ Answers
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