Anuj Kathuria 11 July 2024

Leasing undivided property while partition suite

I am the joint owner of a commercial property in Delhi (India) with my cousin as per my grandfather's will who expired in 2010. Property is divided under two parts via oral settlement, one part is under my possession & the other part is under my cousin's possession since year 2000, no formal demarcation has been made. My cousin has filed a partition suite for the same property in may 2024 by meets & bound on the basis of will. I don't want this partition as we have been under the possession of our respective areas since year 2000 & I have invested a lot in the area under my possession. My questions are:

1. Can I give the undivided portion of this property which is under my possession on lease while case is going on without taking NOC from my cousin ?

2. If yes, then what should I do to avoid any legal complications ?

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7 Replies

P. Venu (Advocate) 11 July 2024

You can plead, in the given facts, that the oral partition is valid. Continuos possession based on oral partition, by metes and bounds, amounts to estoppel.

As to the question of leasing out the property, you advocate is best person to suggest you the sound opinion.

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T. Kalaiselvan, Advocate (Advocate) 11 July 2024

The oral partition on the basis of Will is very much legal and valid.

You can challenge the case properly.

If there's no restriction order from court then you can let your share of property on lease to the prospective tenant

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Advocate Bhartesh goyal (advocate) 12 July 2024

Yes , if court has not passed any restriction order on transfer of property then you can let your undivided property on lease.

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Anuj Kathuria 12 July 2024

Sir, oral partition is not on the basis of will. It just that we are in possession of our respective areas since year 2000 without any proper demarcation, its now that my cousin has filed a suite in 2024 for partition (demarcation).

T. Kalaiselvan, Advocate (Advocate) 12 July 2024

If oral partition is not on the basis of Will and if there was an oral partition existing from the year 2000 then why do you bring inside the concept called Will.

What are the benefits provided in the Will, whether it is for both you alone or is the Will giving benefit to any other person also, hence it would be better to peruse the Will to render any further opinion in this regard, therefore you may better consult a local advocate and get the issues clarified properly in order to challenge his case.