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Sharat Sindhwani (None)     11 April 2012

Rent or lease of undivided property in part or whole

Can a shareholder of an undivided property in occupation of his rightfully 'due share' without metes and bounds (i) let out or lease a part or whole of his undivided share?(ii) conduct business in it? (iii) repair his residential part of the property ? (iv) make temporary constructions with tin sheds on his share?



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 2 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     11 April 2012

You can sell/lease away your portion of the undivided property - however the purchaser/lessee would have a tough time getting joint possession with your co-owners/joint tenants - and may have to end up selling his share to them as they have a  pre-emptive right. (See S.44 TPA/S.4 of Partition Act)

Sharat Sindhwani (None)     11 April 2012

Thank you. If the lawful shareholder of this undivided share forms a society or a Pvt Ltd Co. in which he has majority share(99%) and his wife has just one share and "he is already in possession of his share" WITHOUT a metes and bounds division order from the court,  for many decades and then takes a perpetual lease of his own share in the name of his own company & runs his own business, is this possible? 


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