Legal Question in Real Estate Law in India

Co-tenants of joint property - Rights and Duties
In a joint-house property, under a Family Arrangement for partition, a co-tenant (say A) was allotted certain portions separately to be held by him in exclusive possession under lock and key but subject to a permission/licence for other co-tenant (say L) to use such portions commonly on some special occassions such as his family marriage functions. Otherwise, the other co-tenant L has no relation, right or title to, or possession in such portions allotted thus separately to A.

The question is: In such a case, if such portions happened to be repaired/ reconstructed out of necessity or on own volition by the allottee co-tenant A, is the other co-tenant L (the licensee), who has only a permission to use the portions commonly on some spl. occassions alone, bound to pay for the said repair/reconstruction alongwith the said allottee co-tenant A ?

Please let me know that (besides the law of equity, conscience and justice) whether there is any(specifically)Indian case law/ authority to substantiate the answer ?

Asked on 4/13/09, 12:40 am

Sudershan Goel India Law Offices of Sudershan Goel - Advocate

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Re: Co-tenants of joint property - Rights and Duties

You may refer to the relevant provisions of Transfer of Property Act read with the Contract Act.

Answered on 4/15/09, 1:42 am

Shrichand Nahar S.V.Nahar, Advocate

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Re: Co-tenants of joint property - Rights and Duties

Co-tenant or owner L is not liable as he is merely a licensee.

Answered on 4/13/09, 1:08 am

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