co owned commercial property
hotdoc0
(Querist) 15 January 2011
This query is : Resolved
Hi,
can a co owner sell/transfer his share of an undivided co owned property tenanted to a third party to the tenant while the other coowner had already served legal notice for eviction on ground of no payment of rent and bonafide use?
The suffering coowner is a widow who needs the property to settle her daughter in business.
Regards
ehsan Javeed
(Expert) 15 January 2011
a co owner can sell his undivided share but the prospective owner will get its possession only after the partition and after the share is demarcated, the tenant can be evicted from the property,it will depend up on the stand of the tenant whether he claims his possession on tenancy or under sale deed. if he claims under sale, u have to go for partition, better u contact a Advocate in person with all the details and documents.
Advocate. Arunagiri
(Expert) 15 January 2011
Untill and unless the coowners are demarking their shares, eviction is not possible. Because one co owner is not interested in eviction.
After demarking the any coowner evict the tenant.
hotdoc0
(Querist) 15 January 2011
But how do i evict the tenant firm, one of whose partners has now thus become a coowner?
The firm was a tenant previously, is it still a tenant or will it need a fresh tenancy to be written down?
Regards
DEFENSE ADVOCATE.-firmaction@g
(Expert) 16 January 2011
But to whom you will sell. Unless there is possession no body will buy it.
More ever if the tenant contest the case it will take years.
If all the owners join it will be easy to evict the tenant for default of rent payment.
