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Can one owner lease out property that is jointly owned in india


04-Jul-2024 (In Property Law)
To establish my claim over the house, which I jointly own with my brother and uncle after my father's death, my brother rented out a part of the house without my knowledge or permission. How can I assert my rights? Can one owner lease out property that is jointly owned in India?
Answers (2)

Answer #1
156 votes

In India, jointly owned property cannot be rented out by a single co-owner without the consent of the other co-owners. All co-owners hold equal rights over the property, including decisions related to its use such as leasing or renting.
While one co-owner may manage minor matters like maintenance or repairs, renting out the entire property requires mutual agreement from all parties involved. If a co-owner attempts to lease the property without the consent of the others, the lease can be legally challenged and may be deemed invalid unless there is a prior agreement that allows such action.

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Answer #2
934 votes
you are a co-owner of the property.As such with out your consent other owner can enter into any agreement for rental and/or any kinds of transfer in respect of such property. You may file a eviction suit to evict the person as unlawful occupant. your brother may also be a proforma defendent. you should immidiately serve a notice on the person concern in consultation with a local civil lawyer..your claim be established by 1) the document your father owned the property2) death certificate 30 legal heirship proof and possession.
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