Legality of utilizing property while pending case
Jai Prakash
(Querist) 17 July 2013
This query is : Resolved
Hi Sirs,
I am in possession of property which is supposedly ancestral. My father gifted it to my elder brother without my knowledge while he was alive. My brother lives in a different city. Currently I am residing in this property for which I have filed a partition suit which is pending in court. Since I am currently under financial stress, I would like to earn some money by sub letting this property.
Let me know if my brother who is the defendent in this case, can object to this. I want to be on the right side of law and need advice
Thanks
Jai
niranjan
(Expert) 17 July 2013
Yes. Your brother can object and canfile injunction application against you.If so happens,you can satisfy court that you will be ready to part with the rent as per share of other sharers.
Jai Prakash
(Querist) 17 July 2013
Sir,
Since currently the property is in my brothers name since all papar work was completed after gift deed, will he then be able to file a trespassing case on the people to whom I sub-let the property. I hear he plans to do this and I want to take steps to avoid it
thanks
Jai
Raj Kumar Makkad
(Expert) 17 July 2013
There is no relationship of renting out the property with the ongoing litigation as the property is already under your possession. You can become landlord by renting out the property even without the consent of your brother. A term may be got inserted in rent/lease deed about the termination of the agreement as per decision of the suit.
Devajyoti Barman
(Expert) 18 July 2013
Do not sell the property as it would create complication if the suit goes against you.
However if there is no injunction order order, then it can be rented out. Your brother may however claim share in rent.
Rajendra K Goyal
(Expert) 18 July 2013
Agree with the experts, nothing more to add.
