Query for rent of undivided seperated property_kolkata
Querist :
Anonymous
(Querist) 24 February 2021
This query is : Resolved
Sir,
Can an undivided & completely seperated property can be given on rent..??
As the portion is completely seperated from the portions of other co owners, so any legal steps can be taken by the other co owners if I give my portion on rent.
Advocate Bhartesh goyal
(Expert) 24 February 2021
Yes, separate portion can be let out by any co-owner of property.
K Rajasekharan
(Expert) 25 February 2021
If the separation is done with the consent or mutual agreement of the other co-owners, then no co-owner can take any action against it.
But if you have separated your portion yourself they can raise objection and their objection should be a valid one.
krishna mohan
(Expert) 25 February 2021
If it is a family property better to go for settlement deed so that it is legally tenable. If it is a flat, then registration of undivided share of property would have been mentioned in schedule of property.
Querist :
Anonymous
(Querist) 25 February 2021
Sir the said property is undivided & all the co owners are occupied their portions separately including myself since last 40 years but there are no paper works for this & also the portion which I am staying is completely separated from the portions of the other co owners & also there is a separate entrance of my portion.....in this context can I give my portion as rent & any co owners can do any legal steps if I give rent of my portion....please suggest.
K Rajasekharan
(Expert) 25 February 2021
If so, you are at liberty to do whatever you want with your portion.
They cannot take any legally valid step againt you in this matter. So you treat this part of land as orally partitioned separate land in which they have no right at all.
In case they are ready to sign it is better to make a Memmorandum of Settlement for future needs.Having a written document is better in the days to come as one needs to have some sort of document to prove anything.
Such a Memmorandum does not require registration at all. It is a record of what you already settled orally and acted upon 40 years ago.
Guest
(Expert) 25 February 2021
Legally well Advised by Our Learned Advocate Mr .Krishna Mohan. This K Rajasekharan an Ex officer is here to Misguide the Querist and Very Much in the Habit of making Damaging Comments about Our Honorable Judeges . Honorable Courts and Learned Advocates here --Everything is in Record.
Guest
(Expert) 25 February 2021
Querist -- No Un Registered Document would have any Legal Value and No Such Memorandum as Misguided here by this fellow K Rajasekharan would be Legally Acceptable.
Guest
(Expert) 25 February 2021
We provide only Legal Guidance here and as Well advised by Learned Advocate Mr Krishnamohan first Executing the Legal Partition would be the Permanent Legal Remedy .
Querist :
Anonymous
(Querist) 25 February 2021
RajKumar Sir,
Please advice on the matter...
Sir the said property is undivided & all the co owners are occupied their portions separately including myself since last 40 years but there are no paper works for this & also the portion which I am staying is completely separated from the portions of the other co owners & also there is a separate entrance of my portion.....in this context can I give my portion as rent & any co owners can do any legal steps if I give rent of my portion....please suggest.
Guest
(Expert) 25 February 2021
Then many Legal Clarification arises. Whether the Taxes are Paid ? whose Name ? Electricity and Water supply bills are in whose name ? Property is Purchased by Whom ? Whose Name the Property is Now ? Why the Legal Partition was Not Done So Far ? Many more Clarifications would also be Required.
K Rajasekharan
(Expert) 25 February 2021
If the querist wants to know what a family settlement is, which judgements of the Supreme Court recognised it as a form of division and what the Supreme Court says about its registration under Section 17 of the Registration Act etc, you can go through an article on the subject at https://www.lawwatch.in/what-a-family-settlement-essentially-is/
Guest
(Expert) 25 February 2021
K.Rajasekharan the fellow started Marketing his own website in Our Forum which is there to Guide the Querist for their Legal Doubts.
K Rajasekharan
(Expert) 25 February 2021
The above article is there on the Lawyers Club India site too.
Yet another article that provides a model of the family settlement deed is available at https://www.lawyersclubindia.com/articles/family-settlement-13393.asp
Guest
(Expert) 25 February 2021
Obviously K Rajasekharan had Copied and Pasted and Created websites in his name and marketing the same here.
K Rajasekharan
(Expert) 25 February 2021
The article on family settlement will give some broad clarity on the topic.
The article is not written from vacuum but based on well settled principles of higher judiciary including the Supreme Court equivalent during the British period.
What I am doing is gathering the wisdom from different judgements in a layman friendly language and style.
The web address of the article “What a Family Settlement is” at the Lawyers Club India Site is https://www.lawyersclubindia.com/articles/what-a-family-settlement-essentially-is-10372.asp
K Rajasekharan
(Expert) 25 February 2021
Your query brings into fore a classic case of oral settlement agreed to by its parties, divided their portions and kept it in force for three decades, without any problem at all.
But in future such family settlements may not be recognised by the authorities, the people and even the courts themselves, as our Supreme Court and its predecessor did.
One cannot find any legal provision that recognises a family settlement except in judgements in a series of cases. The courts of our times may not be so liberal in treating such subjects and therefore creating a record of the settlement in the form of a Memorandum is good.
The Supreme Court says registration of such a document is optional. If you want you can register, otherwise it is not essential. It does not mean that a family settlement that occurs now need not be registerered. Such a deed definitely requires compulsory registration.
There is no problem for you in giving your portion on rent without the concurrence of tothers.
K Rajasekharan
(Expert) 25 February 2021
When a person comes before this forum with a query for a possible answer what he gets back is a wholly of queries in most cases, as in this query.
He will get enough advices also that the other person is not right, his answers are totally wrong and he does not know the subject.
What the querist wants is an answer. But not the comments on everything else except the answer, the pin pointed answer.
K Rajasekharan
(Expert) 25 February 2021
I published 97 articles on this site itself. Does it indicate my unfamiliarity or ignorance of law? Two of them are on Family Settlement itself.
Why people return a query with a set of queries? It is because of sheer inability in answering the query pin pointedly.
Guest
(Expert) 26 February 2021
People Who Fail Most would Boast Most.-- Obviously the Deeds are always Silent.
Guest
(Expert) 26 February 2021
" Boasting begins Where Wisdom Stops " --- Japanese Quote
Guest
(Expert) 26 February 2021
Obviously This is Not an Market Place for any one and any thing please.
K Rajasekharan
(Expert) 26 February 2021
I am unfortunately not the right person to be chided by some goofy clowns or jokers subscribing as experts of his website.
I have no time to recognize or appease them. Rather I look at them with sympathy rather than with any trace of scorn or disdain.
This site seems to be intended for a noble purpose of educating the society what the law is. Unfortunately its Expert Corner plunges into a pathetic quagmire of dirt and filth quite often when some experts whose behavior is a cocktail of ignorance and arrogance trample upon one or the other with no sublime elements of either decency or civility.
They go on commenting continuously on others out of their sheer ignorance of law, its procedures and jurisprudence altogether. They act as Merry Andrews or motley fools jesting at others on any and every occasion.
They however ensure enough entertainment to others but no answers to any question which one can check by a casual travel to this thread or back to any other threads of the past or even that comes in the future.
They do mockeries here in this corner by unnecessarily and shamelessly splitting each sentence into different pieces in order to enter into some “Halls of Fame” where one can enter into by writing number of senseless posts rather than qualitative ones.
These things interestlingly make the Lawyers Club India’s Expert Corner of Law as an entertainment corner as well.
Guest
(Expert) 27 February 2021
Frustration is the Result of Guilt.
Guest
(Expert) 27 February 2021
Guilt is closely related to the concept of Remorse as well as Shame.
Guest
(Expert) 27 February 2021
K.Rajasekharan - Ex -Officer (as per his profile )-Once again Repeat this is place of Learned Advocates and Damaging Comments on Hinorable Judges and Honorable Couerts will Never be Tolerated Commenting on Honorable Judges basing on their Caste is an Criminal Offence (YOUR COMMENTS IN THE LAST POST OF YOURS IN THE FIRST SENTENCE IS NOTHING UNEXPECTED FROM A PERSON LIKE YOU WHO HAD ALREADY MADE DAMAGING COMMENTS ABOUT HONORABLE COURTS AND HONORABLE JUDGES ) Every Thing is in Record and you would Reap the Consequences.. This is also Not the Market Place for any private websites. Mind It.
