Legal Question in Real Estate Law in India
dicision of a property owned by two partners
My father and his brother, inherited the terrice from
my grandfather and build a two block house on it, with
two rooms and one kitchen each.Now in the map of the new
building constructed the two blocks are not divided into
separate 'A' and 'B' sections.
My father wants to move into another flat and wants to
give his portion(his 2 rooms and 1 kitchen) on rent.
My query is can he give it on rent without the permission
of his brother ?
If no, then can he legally force him to sign on a Contract that divides the sections into two 'A' and 'B', and makes each one sole owner of his particular section ?
Please Advise...
2 Answers from Attorneys
Re: dicision of a property owned by two partners
If both the blocks are two separate independent dwelling units having separate entrance - then brother of your father may not be able to rasie any objection.
However, it is always advisable to have all the understandings, even between family members, in writing. Thus, in case your father and his brother have not made any such writing, have such writing made in consultation with a competent lawyer.
Re: dicision of a property owned by two partners
In my opinion as long as does not in any way disturb the posession of his brother,he can give his accomodation out on rent without his brothers permission.
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