Legal Question in Real Estate Law in India

I am c-owner of Shop cum Flat in sector 26 Chandigarh. The property was given on rent by all the co owners. But now some co owners have sold their share to the tenant seeing their convenience . The rent deed has also expired and is not renewed. Can we get our share vacated as there is no partition (it is a 3 storeyed building ) and my share is 10%. Please suggest remedy and course of action. my email: [email protected] M: 9417444409

Asked on 2/17/13, 9:59 am

5 Answers from Attorneys

Fca Prashant Chavan Expert Edge LLP

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18.02.2013

Dear Sir / Madam,

(Sector 44, Chandigarh)

Since 90% ownership of the shop cum flat is already transferred, you have the following options :

1. Pay off 90% ownership value of the shop cum flat to the tenant at the present market value and get it in your name (highly unlikely that the tenant will agree to this option considering that he already enjoys 90% ownership) or;

2. Ask the tenant to pay you the remaining 10% ownership value at the present market value and get it in the tenant's name.

Regards,

FCA Prashant Chavan

Mumbai

(You can also mail me for any further on-line advice at [email protected])

Answered on 2/18/13, 3:32 am

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Sanjay Kalra Sanjay Kalra & Associates

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Answered on 2/19/13, 11:16 pm

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