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Christin   10 April 2022

Want to know if any civil or criminal step will be taken if i take the below action

As per my earlier posts... My flat which is co owned has been rented out without my consent ...

Wanted to know if I enter with my baby  and stay in my co owned flat with the tenant in it . As I have not given consent to the tenant and my name is not in the new rental agreement done by my brother....what can be the repercussions...

I have my property papers to prove I am one of the co owners

Kindly advise...



Learning

 2 Replies

Palak batra   11 April 2022

Dear Querist,

 

Consent of the co-owner is important to rent a property. According to The transfer of property act Every co-owner has the Right of the entire property.

 

If co-owner property is rented without his permission then the aggrieved party Can approach court under section 405 of the IPC which states the Criminal breach of The punishment for this action is given under section 406 of the IPC Extending till three years, fine or both.

 

Regards, 

Palak 

 

Christin   13 April 2022

Hi palak 

Thank you for your reply...The current scenario is that I was able to manage to pay for a lawyer thru church help and we send a notice to the my brother , society and the tenant. Only my brother replied and that too irrelevant discussion and accusations are mentioned in the reply .He is buying time also he is transferring Rs.6500/- as month share of rent .I don't want to stay on rent and keep searching for shelter every 11months when I have my own house which is co owned .I can pay him the rent of 6000- 

Why and how can someone force me to stay on rent and cheating me of my rights...it's not about the money.I have child I can't keep worrying about that I don't have a permanent roof or rent has to be paid or certain facilities are not there for my baby .which I have in my co owned house .Also my brother is not allowing me to meet my dad and speak with him...this is not fair 


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