Undivisible share
Querist :
Anonymous
(Querist) 12 October 2011
This query is : Resolved
What is the Difference between undivisible share and undivided share.
If three people are owners of undivided share in a property, can one of them who is in possession of the property give the property on rent.
What are the remedies to the same.
Guest
(Expert) 13 October 2011
UNDIVIDED SHARE IS A UNPARTITIONED PROPERTY
UNDIVISIABLE SHARE IS NOT IN EXISTENCE UNLESS THERE IS CONTRACT OR WRITTEN AGREEMENT, DOCUMENT PURPORTS TO BE.
NORMALLY IN PARTNERSHIP CONCERNS THIS PROBLEM ARISES.
WITHOUT ANY WRITTEN AUTHORIZATION ANOTHER CANNOT LET OUT. IF LET OUT CLAIM THE SHARES FROM THE RENT.
prabhakar singh
(Expert) 13 October 2011
By "undivided share"we mean joint property between owners thereof.
By"undivisible share" we mean a share so little that practically it is not capable of allocation allotment on spot.
Even if only one is in possession among different joint owners ,the possession
in law is deemed on behalf of all and he without prior permission of other joint owners is not legally authorized to let alone.Any violation of this right by one is actionable by law suit.
Querist :
Anonymous
(Querist) 13 October 2011
The point is that the share is determined in the property but the property is undivided.
Can someone rent out say 25% share of the plot of which he has the possession.
