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Brother's not allowing to rent the property that is in my posession
29-Oct-2023 (In Property Law)
I and my 4 brothers jointly own a property dat my father had bought n recently we reconstructed that property into floors n verbally divided floors n had taken possessions also in which common staircase is there and also a common tenant in gound floor of dat property.but my brothers r not allowing me to rent out my flat in dat property saying dat property is registered in all 5 brotherss name n we wont allow you to rent out your flat. Can i get stay before filing suit for partition?? Or do i hv to file suit for partion also and how much years will it take to gt tittle of property??
So long property is jointly owned you can not claim your occupation exclusive. You should file suit for partition based on oral partition you can have your part in occupation as yours own exclusive to other countries owner and rent out with the permission of the court during pendency. As all courts owners are in occupation of their respective shares case would not take longer unless your brothers deny oral partition.
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Adv. S P Srivastava
Delhi | 200+ Answers
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Suit for partition declaration and title along with injunction can be filed in the competent court of law .You can also seek the damages from your brothers on behalf of not letting you enjoy the property rights .Therefore a criminal complaint can be also made before competent police station so that even a criminal action can be taken against your brothers so that they do not bother you in future.The injunction would not take much of time .
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Adv. Nishant Solanki
Delhi | 200+ Answers
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