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karan (business)     24 December 2010

Can I let out my property

Facts: Property location is delhi. Year of construction is 1969. All the expenses related to land and construction were borne by me in the past. But I registered my property in my name and my brothers name who expired in 2000. Registry contains just the names and no portions regarding ownership are registered in the registry.

I am living on first floor, my single son lives in barsati while my expired brothers wife and son are living on ground floor. I am having possession of first floor and barsati(including terrace) and other party is having access only to ground floor rooms and no access at all to first floor, stair case and barsati.  I have already filed a suit of possession on the other party to get my ground floor vacated as it was made out of my money for which i have sufficient proofs.

Question is: Keeping above scenario in mind, Can i make some structural modifications to barsati and give it on rent as I am senior citizen and have no income. If yes, what permissions shall i take from which authority so that other party created no problems for me or my tenant? If no, how can I do this?

Thanks to all learned people and this forum.



Learning

 2 Replies

adv. rajeev ( rajoo ) (practicing advocate)     24 December 2010

Your question shows that still the property is in joint possession. In such cases you cannot make any modificiation, if you tried for that others may obstruct for it. so better consult with the others and start modification and give it on rent.
 

shubham (Law student)     24 December 2010

well... after d death of ur brother his share (i.e. half portion of d property) shall be devolved amongst d heirs of ur brother(i.e. his wife, children)... and as there is no partition between u and ur brother... which means still d share of both d parties r not decided... it wud b better dat u file a partition suit... or go for memo. of understanding with remaining heirs.... 


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