Can co-owner lease out flat without other co-owner's consent?

Querist : Anonymous (Querist) 25 November 2011 This query is : Resolved
Two brothers have interited a flat. One of the brothers has let out the flat to a tenant without informing the other brother.
The other brother wants to keep part of the flat for his own use.
Is the tenancy valid?
What can the other brother do?

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M.Sheik Mohammed Ali (Expert) 25 November 2011
you could not able to vacate the tenant by illegally, you file a case against your brother and add tenant one of the party.

Devajyoti Barman (Expert) 25 November 2011
Yes the tenancy is very much valid as any a co shearer can give a property in tenancy even without the consent of other co sharer.

However he is duty bound to share the rent borne out of it.